State v. Ferguson
Supreme Court of Missouri
Appeal from Linn Circuit Court. The respondent having voluntarily and upon his own motion entered into recognizance, the law presumes that all the steps necessary to give the justice of the County Court jurisdiction had been taken. (The State v. Woolery et al., 39 Mo. 525; The State v. Rogers et al., 36 Mo. 138.) The case of The State v. Woolery is not in point.
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Appeal from Linn Circuit Court. The respondent having voluntarily and upon his own motion entered into recognizance, the law presumes that all the steps necessary to give the justice of the County Court jurisdiction had been taken. (The State v. Woolery et al., 39 Mo. 525; The State v. Rogers et al., 36 Mo. 138.) The case of The State v. Woolery is not in point. In that case the defendant was brought before the County Court justice by writ of habeas corpus, while in the case at bar no such writ was ever issued.
1Opinion of the CourtAdams, Judge
The defendant was indicted in the Linn Circuit Court for a felonious assault. A capias issued to the sheriff of Chariton county, where he was arrested by the sheriff and taken before a judge of the County Court of Chariton county, who took his recognizance for his appearance at the next term of the Linn Circuit Court. A forfeiture was taken of this recognizance, and a scire facias was issued and served on the defendant, who filed a demurrer ; and the court sustained the demurrer upon the ground that the justices of the Chariton County Court had no power to take the recognizance.
A recognizance…
2Cases cited5 opinions
- State v. RandolphSupreme Court of Missouri · 1856
- State v. RogersSupreme Court of Missouri · 1865
- State v. RandolphSupreme Court of Missouri · 1858
- State v. WoolerySupreme Court of Missouri · 1867
- State v. AndrewsSupreme Court of Missouri · 1859
3Cited by5 opinions
- State v. CrosswhiteSupreme Court of Missouri · 1906
- State v. CaldwellSupreme Court of Missouri · 1894
- State v. McElhaneyMissouri Court of Appeals · 1886
- State ex rel. Owens ex rel. County School Fund v. FraserSupreme Court of Missouri · 1901
- State v. WatsonMissouri Court of Appeals · 1893