Section 544.330

Title XXXVII CRIMINAL PROCEDURE

Chapter 544

Effective - 28 Aug 1939   

  544.330.  Failure to appear under recognizance. — If the person recognized does not appear before the associate circuit judge according to the condition of such recognizance, the associate circuit judge shall record the default, but such default may be set aside by the associate circuit judge on the appearance of the prisoner, and for good cause shown, at any time to which the examination may be continued by said associate circuit judge; and in case such default be not set aside, as aforesaid, the associate circuit judge shall certify the recognizance, with a record of such default, to the court having cognizance of the offense charged against the person so recognized, and the like proceedings shall be had thereon as upon breach of condition of a recognizance for appearance before said court.

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(RSMo 1939 § 3865)

Prior revisions: 1929 § 3475; 1919 § 3820; 1909 § 5028

(1967) Where defendants charged with felony forfeited bond, the magistrate court had jurisdiction only to record default not to enter judgment thereon against surety. Criminal Rule 32.12 cannot enlarge the jurisdiction of the magistrate court and as the magistrate court lacked jurisdiction to enter a judgment against surety, the circuit court acquired no jurisdiction on appeal. State v. Anderson (Mo.), 413 S.W.2d 161.

(1971) The state as obligee is not entitled to enforcement of a forfeiture of an appearance bond where the principal was confined by the obligee and by reason of that confinement, the surety was prevented from producing the principal in court and satisfying the condition of the bond. State v. Savage (Mo.), 461 S.W.2d 887.