State v. Boehm

• Decision Date: 22 November 1904
• Docket Number: 2
• Citation: 83 S.W. 1133,184 Mo. 207
• Parties: THE STATE v. BOEHM, Appellant
• Court: Missouri Supreme Court

83 S.W. 1133

THE STATE v. BOEHM, Appellant

184 Mo. 207

No. 2

Supreme Court of Missouri, Second Division

November 22, 1904

Appeal from St. Louis City Circuit Court. -- Hon. O'Neill Ryan Judge.

Affirmed.

GANTT P. J. Burgess, J., absent; Fox, J., concurs.

OPINION

GANTT P. J.

This is a proceeding to enforce a recognizance entered into by one Louis Soviner, as principal, and Frank L. Boehm, as surety, for the appearance of said Soviner to answer an indictment preferred by the grand jury in the city of St. Louis, and taken and approved in division number 9, of the circuit court of said city, of which Hon. O'Neill Ryan was the presiding judge.

The record discloses that at the February term, 1903, of division number 9 of the circuit court of the city of St. Louis, a grand jury was duly empaneled, charged and sworn, and B. B Graham appointed foreman thereof, and on Saturday, March 28, 1903, this grand jury in open court, through their said foreman, returned an indictment against Louis Soviner and May Smith, charging them with being the keepers of a bawdy-house on the fifteenth of October, 1902, and permitting a certain female of the age of sixteen years to enter and remain in said bawdy-house, against the peace and dignity of the State, which indictment was ordered filed and was filed on said twenty-eighth day of March, 1903, by the clerk of said court, and assigned to division number 9 of said court. Capias issued, and the defendant was arrested and on April 1, 1903, was arraigned and pleaded not guilty, and the cause continued, and on April 11, 1903, and during the same term, the defendant entered into a recognizance in the sum of six hundred dollars, with Frank L. Boehm as surety, conditioned "that if the said Soviner shall personally appear before the circuit court of the city of St. Louis, division number 9, from day to day during the present term and on the first day and from day to day of any future term thereof to which the said cause may be continued, then and there to answer to an indictment numbered 149, preferred by the grand jury of said city against said Louis Soviner for the offense of violating section 2202, Revised Statutes 1899, and shall not depart said court without leave thereof, then this recognizance to be void; otherwise, to remain in full force and effect," which said recognizance was duly approved by the Hon. O'Neill Ryan, the judge of said court, and filed on said eleventh day of April, 1903, in the...