Shore v. State
Supreme Court of Missouri
Appeal from the Circuit court of Washington county. 1st. That the circuit court took the recognizance of bail without authority of law, and that the same is void. 2nd.
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Appeal from the Circuit court of Washington county. 1st. That the circuit court took the recognizance of bail without authority of law, and that the same is void. 2nd. That the absolute forfeiture of the recognizance of bail, entered on the first day of the term by which the bail were prevented from surrendering Millsap during the term, was a proceeding against law. 1. Is the defendants 2d plea good in law, that the circuit court could' not take bail or recognize an individual against whom there was an indictment for murder1? 2. Is the 3rd plea of the defendants good in law to bar the state…
1Opinion of the Court
Opinion of ike Court by
Napton Judge.
A scire facias was issued by the circuit court of Washington county against Shore and Parkinson, on a recognizance which they had entered into for two thousand dollars, conditioned for the appearance of one James Millsap, on the first day of the March term of said court in the year 1838. The death of Parkinson having been suggested, Evans and McGready, his executors, are made parties. On the" return of the writ, four pleas were filed. Two of the pleas were nul tiel record, and payment, onjeach of which issue was taken. The second plea set forth that the…
2Cases cited1 opinion
- Friar v. RaySupreme Court of Missouri · 1838
3Cited by1 opinion
- Ex Parte BurgessSupreme Court of Missouri · 1925