State ex rel. Stracener v. Jackson

SHANGLER, Judge.

In this original proceeding for habeas corpus the petitioner seeks discharge from the restraint of a judgment for a jail sentence entered under § 560.031, RSMo 1978, for nonpayment of a fine.

The judgment was preceded by a hearing before the Associate Circuit Judge. The transcript of that event, other than the recitation of judgment, was not made part of the habeas corpus proceeding. What we know of that original adjudication, therefore, derives from the narrations on the judgment. Ex parte Clark, 208 Mo. 121, 106 S.W. 990, 995[1] (banc 1907). The return to the writ and the…