State v. Morgan
Supreme Court of Missouri
Appeal'from Macon Circuit Court.—Hon. Andbew. Ellison, Judge. (1) The indictment in the case is invalid and was so declared by the supreme court prior to December 20, 1893, wherefore, there was no authority in the Macon county circuit court to order the recognizance forfeited or to enforce a forfeiture thereof by scire facias, and the demurrer should have been sustained.
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Appeal'from Macon Circuit Court.—Hon. Andbew. Ellison, Judge. (1) The indictment in the case is invalid and was so declared by the supreme court prior to December 20, 1893, wherefore, there was no authority in the Macon county circuit court to order the recognizance forfeited or to enforce a forfeiture thereof by scire facias, and the demurrer should have been sustained. State v. Terry, 117 Mo. 377; State v. Cameron, 117 Mo. 371. (2) The defendant fully complied with all the conditions of said recognizance, and the forfeiture thereof was taken for failure to do something neither he nor his…
1Opinion of the CourtBuegess, J.
At the September term, 1890, of the circuit court of Macon county, Missouri, the defendant, Morgan, alias Atkins, was convicted, under an indictment drawn under section 3826, Revised Statutes of 1889, of the crime of attempting to obtain $1,500 irom one Hiram Bargar by fraudulent pretenses. His punishment was fixed at two years’ imprisonment in the *470penitentiary. From the judgment he appealed to this court, and on the twenty-ninth day of the same month he entered into a recognizance in said circuit court, payable to the state in the penal sum of $3,000, with his codefendants, Furber and Yette,…
2Cases cited12 opinions
- State v. RandolphSupreme Court of Missouri · 1856
- State v. PostonSupreme Court of Missouri · 1876
- Kiser v. StateIndiana Supreme Court · 1859
- State v. MackeySupreme Court of Missouri · 1874
- State v. MorganSupreme Court of Missouri · 1892
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3Cited by7 opinions
- State v. HaverstickSupreme Court of Missouri · 1959
- Palermo v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- City of St. Louis v. YoungSupreme Court of Missouri · 1911
- Bell v. StateCourt of Criminal Appeals of Texas · 1916
- McKie v. StateSupreme Court of Kansas · 1906
2 more not listed; retrieve them via the Exa API.