State v. Owen
Supreme Court of Missouri
Appeal from Lincoln, Circuit Court. — How. James D. Barnett, Judge. Neither the principal nor the sureties signed the bond, as is shown by the evidence, in the presence of the justice of the peace. Therefore, the bond was void, not complying with the statute.
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Appeal from Lincoln, Circuit Court. — How. James D. Barnett, Judge. Neither the principal nor the sureties signed the bond, as is shown by the evidence, in the presence of the justice of the peace. Therefore, the bond was void, not complying with the statute. State v. Pratt, 148 Mo. 402; sec. 4128, R. S. 1890; Com. v. Hickey, 33 Atl. 188; State v. Crosswhite, 195 Mo. 1; State v. Eyermann, 172 Mo. 294; State v. Woodward, 159 Mo. 680. Upon the record the judgment is in strict accordance with the statute and should be affirmed. R. S. 1899, secs. 2441, 2447, 2449, 2798, 2800 and 2554. Even if it…
1Opinion of the CourtBurcess, J.
This is an appeal from a judgment for five hundred dollars rendered against James S. Owen, Chas. S. Trail, J. C. Ellis and T. H. Moore, appellants, in the circuit court of Lincoln county, upon a forfeited recognizance.
On the 27th day of September, 1905, one Sol Owen was arrested and brought before Stuart L. Penn, a justice of the peace of Lincoln county, the warrant for his arrest being based upon the affidavit of one John Hearn charging him with having committed a felonious assault upon one Maggie Hearn. By agreement of both the defendant and prosecuting attorney, the preliminary examination…
2Cases cited4 opinions
- State v. CrosswhiteSupreme Court of Missouri · 1906
- State v. PrattSupreme Court of Missouri · 1899
- State v. WoodwardSupreme Court of Missouri · 1901
- Commonwealth v. HickeySupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- State v. WilsonSupreme Court of Missouri · 1915