Supreme Court of Missouri, 1879

State v. Horn

Supreme Court of Missouri · Decided October 15, 1879 · Napton, Other

70 Mo. 466

Cases that cite this one

12 later published cases cite this decision.

State v. Hammond (Mo. 1968)
In re James (U.S. Circuit Court for the District of Western Missouri 1884)
State v. Jones (Mo. 1973)
State v. Daigle (Mo. 1969)
State v. Haverstick (Mo. 1959)
State v. Wynne (Mo. 1947)
State v. Altone (Me. 1944)
State v. . Pelley (N.C. 1943)
State v. Pelley (N.C. 1943)
Kirk v. State (Okla. 1930)
Weber v. United States (8th Cir. 1929)
State v. Reed (Wash. 1923)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion 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 the Supreme Courts of Tennessee in Devine v. The State, 5 Sneed 623, and of Connecticut in Taintor v. Taylor, 36 Conn. 242. As we concur in these opinions it is unnecessary to examine the questions decided and therefore affirm the judgment.

The other judges concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.