State v. Livingston
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. J. E. Hale, Judge. (1) The court committed error in sustaining the demurrer of the defendants, Livingston and Livesay. Even though the indictment was fatally defective, yet this could not serve to discharge or relieve the sureties. The obligation was not alone to answer the indictment, but also not to “depart the court without leave first had and obtained.”
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Appeal from Texas Circuit Court. — Hon. J. E. Hale, Judge. (1) The court committed error in sustaining the demurrer of the defendants, Livingston and Livesay. Even though the indictment was fatally defective, yet this could not serve to discharge or relieve the sureties. The obligation was not alone to answer the indictment, but also not to “depart the court without leave first had and obtained.” State v. Poston, 63 Mo. 521; State v. Millsaps, 69 Mo. 359; Bishop on Criminal Procedure [3 Ed.], p. 20, sec. 264k, p. 169. (2) Nor was there material variance between the language of the indictment…
1Opinion of the CourtSherwood, J.
One Perry Coffey was indicted under the patent form, for obtaining from J. H. Williams and J. P. Williams goods, merchandise and personal property of the value of $300.15 of the personal goods and chattels of said J. H. Williams and J. P. Williams “by use and by means of false and fraudulent representations and statements,” etc.
Coffey entered into recognizance with defendants as sureties conditioned that Coffey should appear before the Howell circuit court, etc., and not depart the court without leave, etc., and should said cause be not then determined, uto appear from time to time and from…
2Cases cited2 opinions
- State v. PostonSupreme Court of Missouri · 1876
- State v. MillsapsSupreme Court of Missouri · 1879
3Cited by8 opinions
- State v. HaverstickSupreme Court of Missouri · 1959
- State v. AustinSupreme Court of Missouri · 1897
- Hardy v. United StatesCourt of Appeals for the Eighth Circuit · 1895
- Bell v. StateCourt of Criminal Appeals of Texas · 1916
- People v. JunesSupreme Court of Colorado · 1925
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