Ex parte Chandler, 7616
| Decision Date | 24 January 1957 |
| Docket Number | No. 7616,7616 |
| Parties | Ex parte Marvin CHANDLER. |
| Court | Missouri Court of Appeals |
Earl E. Roberts, Steelville, for petitioner.
G. C. Beckham, Steelville, Prosecuting Attorney.
Petitioner has been bound over for trial in circuit court on the charge of rape and committed to jail in default of bond in the sum of $15,000. He charges excessive bail in violation of Art. I, sec. 21, Constitution of Missouri 1945, V.A.M.S. The case is submitted on a stipulation which agrees on the nature of the charge, the fact that petitioner was bound over for trial, the amount of bond and commitment in default of bond. It is further agreed that petitioner is an able-bodied single person, nineteen years of age, and that he is without property or money. Also agreed is that transcript of the testimony at the preliminary hearing may be considered.
An examination of this transcript discloses that the prosecuting witness, single, age twenty, testified that she waited for her escort outside a roadhouse until joined by him with a party of friends which included the accused. There was drinking by the male members in the crowd. Her escort became intoxicated and 'passed out.' He was taken to a house, late at night, and put to bed. While he was in this condition the accused dragged the prosecuting witness into another room and forcibly raped her. She testified to outcry and immediate complaint. Two other witnesses testified as to complaint that same night. Defendant offered no testimony at the preliminary hearing.
The purpose of bail is not to punish the defendant ahead of trial, but to secure his appearance at the trial. State ex rel. Corella v. Miles, 303 Mo. 648, 262 S.W. 364; Ex parte Verden (in banc), 291 Mo. 552, 237 S.W. 734. In determining the amount of bail it is necessary to consider the nature of the charge and the surrounding circumstances, for an accused might more easily succumb to the temptation to flee from some charges and under some circumstances than others. Ex parte Welsh, 236 Mo.App. 1129, 162 S.W.2d 358; 6 Am.Jur., Bail and Recognizance, sec. 33, p. 75. Also to be considered is the ability of the accused to give the bail. Ex parte Verden, 237 S.W. 734, supra; 8 C.J.S., Bail, Sec. 50, p. 101.
In this case petitioner is charged with an offense for which he could, if found guilty, suffer death or imprisonment not less than two years. Section 559.260 RSMo 1949, V.A.M.S. The stipulation of facts gives his age and marital...
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State v. Dodson, 37584
...at trial, and any amount in addition to that figure is excessive. State v. Thompkins, 515 S.W.2d 808 (Mo.App.1974); Ex parte Chandler, 297 S.W.2d 616 (Mo.App.1957). Denial of bail prior to trial to inflict punishment on the accused would not only hamper the preparation of his case, but woul......
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State v. Jones
...succumb to the temptation to flee from some charges and under some circumstances than others." Id. at 216 (quoting Ex parte Chandler , 297 S.W.2d 616, 617 (Mo. App. 1957) ). This belief is also reflected in the list of enumerated offenses in § 547.170 :The object of making th[e] class of of......
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State v. Thompkins
...constituted reversible error. Bail has only one legal purpose, and that is to insure the defendant's presence at trial. Ex parte Chandler, 297 S.W.2d 616 (Mo.App.1957); Koen v. Long, 302 F.Supp. 1383 (E.D.Mo.1969). While it is true that the Eighth Amendment protects a criminal accused from ......
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State v. Jackson
...of the defendant at the trial.” State ex rel. Corella v. Miles, 303 Mo. 648, 262 S.W. 364, 365 (1924). Accord, Ex parte Chandler, 297 S.W.2d 616 (Mo.App.1957) (“The purpose of bail is ... to secure ... appearance at the trial”). See also Reynolds v. United States, 80 S.Ct. 30, 32, 4 L.Ed.2d......