Missouri Appeal Reports Volume 69

Missouri Appeal Reports Volume 69

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...should not be made final. His answer set up that his principal was not legally in custody at the time of the execution of the recognizance; that the records of the court failed to show his principal's nonappearance "without sufficient cause or excuse," or that the bail bond was certified to the clerk. The reply was a general denial. On the trial final judgment of forfeiture was rendered, from which the surety prosecutes this appeal. There is no merit in the contention that the principal in the bond was not legally held when it was given. The insufiiciency of the indictment R, ' 'f, 'y,","f'" under the decision of the supreme court did not affect the validity of the bond given thereafter for defendant's appearance. State v. Wlzitecotlon, 63 Mo. App. 8; State v. Livingston, 117 Mo. 627; State v. Postern, 63 Mo. 521; State v. Morgan, 112 Mo. 202; State er rel. v. Lay, 128 Mo. 609; R. S. 1889, sec. 4380. The second point urged for reversal is that neither the record of the court nor the minutes of the judge show that the principal in the recognizance Rffiifrflgflifila failed to appear "without sufficient cause or excuse." R. S., 1889, sec. 4134. In oY: 'ecentsil'I: ';'l: f support of this point appellant introduced the minutes of the presiding judge and the record of the judgment m'si forfeiting the bail bond. It does not appear from either of these that the court directed an entry on its minutes of the fact of ithe nonappearance of the principal "without sufficient cause or excuse." In my own opinion, as stated in the Whitecotton case, supra, this mandatory requirement of the statute should have been complied withshow more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236818814
  • 9781236818812