134 Mo. App. 115 | Mo. Ct. App. | 1908
There is no bill of exceptions in this cause, but appellant assigns error on the record proper. Various papers contained in the roll show defendant M. A. Howard was complained of in the St. Louis Court of Criminal Correction for an offense, and was arrested under a capias on November 8, 1906. On January 7, 1907, he entered into a recognizance with appellant Stevens as security, which recited that the judge of the court of criminal correction had that day, in vacation, granted a stay of execution on a judgment rendered by said court on November 17, 1906, against said Howard for a fine of fifty dollars and costs, and had ordered said defendant to enter into a recognizance for $200, conditioned that he should appear in court on March 7, 1907, surrender himself on execution in said court on said day, and obey and abide every order and judgment which should be made and rendered in said cause of the State of Missouri against him; further, that if said Howard should personally appear before the court of criminal correction on March 9th, surrender himself on execution, obey and abide every order and judgment which might be made in the cause of the State against him, and not depart the court without leave, the recognizance should be void; otherwise remain in full force and effect. A writ of scire facias was issued April 8, 1907, reciting that whereas Howard, as principal, and Stevens, as security, had on January 7th entered into a recognizance in the sum of $200, conditioned that said Howard should appear before the court on March 9th, to answer to a charge preferred against him (naming the charge) and should not . depart without leave; that said Howard on April 6, 1907, which was one of the days to which the ' cause was lawfully continued, although solemnly called to come into court and save his recognizance, came not, but made default, etc.; wherefore it was ordered by the court the recognizance of said Howard and said Stevens be forfeited, and a
Tbe judgment is affirmed.