State v. Horn
Supreme Court of Missouri
Appeal from Clark Circuit Court. — HoN. J. C. Anderson, Judge. Scire-facias on a recognizance by Horn, as principal, and Cherry, as surety.
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Appeal from Clark Circuit Court. — HoN. J. C. Anderson, Judge. Scire-facias on a recognizance by Horn, as principal, and Cherry, as surety. The answer of Cherry alleged in substance that Horn was prevented from fulfilling and performing the condition of the recognizance by reason of his arrest and confinement in jail by one Roe, United States marshal for the southern district of Illinois, about ten days before the time for his appearance before the court under the terms of said recognizance; * * that he was detained in the custody of said officer from the time of his arrest until his trial,…
1Opinion of the Court
Napton, J. —
This was a recognizance taken, by the *467State against Horn and Cherry, in which Cherry obliged himself- in a penalty that he would be -responsible for Horn’s appearance to answer an indictment against him. The defense was that Horn was prevented from performing the conditions of the recognizance by reason of his arrest in Illinois and his trial and conviction and sentence to the penitentiary of that State. This defense was held invalid. This was so held, in accordance with the'opinion of the circuit court of the United States in United Stales v. Van Fossen, 1 Dill. C. C. 406, and of…
2Cases cited1 opinion
- Taintor v. TaylorSupreme Court of Connecticut · 1869
3Cited by12 opinions
- State v. . PelleySupreme Court of North Carolina · 1943
- State v. PelleySupreme Court of North Carolina · 1943
- Weber v. United StatesCourt of Appeals for the Eighth Circuit · 1929
- State v. HaverstickSupreme Court of Missouri · 1959
- State v. ReedWashington Supreme Court · 1923
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