State v. Pratt
Supreme Court of Missouri
Appeal from Reynolds Circuit Court. — Hon. J. E. Green, Judge. (1) There was no recognizance taken, entered into or acknowledged in open court, and there was none taken and acknowledged out of court by any officer authorized by law to take the same and by him duly certified and filed in the court, and without which the court below had no power or jurisdiction to enter the judgment of forfeiture or to proceed thereon to final judgment.
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Appeal from Reynolds Circuit Court. — Hon. J. E. Green, Judge. (1) There was no recognizance taken, entered into or acknowledged in open court, and there was none taken and acknowledged out of court by any officer authorized by law to take the same and by him duly certified and filed in the court, and without which the court below had no power or jurisdiction to enter the judgment of forfeiture or to proceed thereon to final judgment. R. S. 1889, sec. 4129; State v. Zwifle, 22 Mo. 467; State v. Randolph, 22 Mo. 474; State v. Heed, 62 Mo. 559; State v. Eerguson, 50 Mo. 470; State v. Riley, 34…
1Opinion of the CourtSherwood, J.
At the November term, 1895, Pratt was indicted by the grand jury of Reynolds county for stealing a cow, the property of J. W. Ohilton.
On the tenth day of December of the same year, the clerk of the Reynolds circuit court issued a capias for Pratt’s arrest, which, it seems was effected on a date not given, and on the eighteenth day of May, 1896, the sheriff made this *404return therein and indorsed it on the writ, to wit: “I hereby certify that I executed the within writ in the county of Reynolds and State of Missouri, on the- day of January, 1896, by arresting W. Í3. Pratt and taking bond for his…
2Cases cited2 opinions
- Commonwealth v. HickeySupreme Court of Pennsylvania · 1895
- State v. ZwifleSupreme Court of Missouri · 1856
3Cited by6 opinions
- State v. WilsonSupreme Court of Missouri · 1915
- State v. CrosswhiteSupreme Court of Missouri · 1906
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
- State v. WoodwardSupreme Court of Missouri · 1901
- People v. CarreroDistrict Court, Virgin Islands · 1955
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