State ex rel. Corella v. Miles
| Decision Date | 13 May 1924 |
| Docket Number | 25347 |
| Citation | 262 S.W. 364,303 Mo. 648 |
| Parties | THE STATE ex rel. PETE CORELLA v. JOHN L. MILES |
| Court | Missouri Supreme Court |
Writ awarded (upon condition).
W T. Alford for relator.
Clarence A. Burney for respondent.
Relator alleges that he is unlawfully restrained of his liberty by respondent, John L. Miles, Marshal of Jackson County. To the writ issued upon his petition Miles made his return setting forth that he held Corella under writ of commitment issued by the Circuit Court of Jackson County, in default of bond in the sum of $ 15,000 to secure his appearance in that court on a charge of robbery in the first degree. The order of commitment was made the first day of the November term, 1923, and later the trial was set for January 14, 1924.
The petition for the writ states the facts in relation to the charge of robbery, fixing the bond at $ 15,000, and alleges that other charges of robbery were then pending against relator, on which charges he had furnished bail in the aggregate sum of $ 65,000, and that in view of the heavy bail, this court in two cases prior to the filing of this petition had reduced the bail of this petitioner to the sum of $ 2000 on account of the bond already given by him for his appearance. The allegations of this petition were not denied in the return of the marshal. On the hearing of the case the petitioner presented certified copies of the record fixing his bond in several cases pending against him in the Circuit Court of Jackson County.
In Case C-299, August 29, 1923, the bond of the petitioner in the sum of $ 10,000 was approved, conditioned that he should appear in court November 19, 1923. The charge was robbery in the first degree.
In Case C-296, August 29, 1923, bond of the petitioner approved in the sum of $ 10,000, conditioned on his appearance November 19, 1923. Charge, robbery in the first degree.
In Case C-1276, November 2, 1923, the bond of petitioner in the sum of $ 10,000 approved, conditioned that he appear November 19 1923. Charge, robbery in the first degree.
Two orders of the Circuit Court of Jackson County, entered September 28, 1923, show that in cases numbered C-1163 and C-1164, the bond of Pete Corella, fixed by the Circuit Court at $ 15,000, was reduced to $ 2000, in obedience to the mandate of this court.
The records of this court show that in the two cases, C-1163 and C-1164, the bond was reduced from $ 15,000 to $ 2000, because the defendant already was under heavy bonds to appear in answer to the charge of robbery. In Case No. C-1276, the bond was fixed by the Circuit Court of Jackson County at $ 10,000 and given by the defendant after this court had already reduced two other bonds, as was the order fixing the bond in the present case.
If the writer of this opinion correctly recalls the evidence presented when the bonds were reduced by this court in the two cases mentioned, it was shown that the defendant was charged with robbery of several persons at the same time and a separate and distinct charge filed for the alleged robbery of each person. The bond approved in Case C-1276, November 2nd, for $ 10,000, must have been for some offense alleged to have been committed after the said reduction. The present case is C-1574, and the $ 15,000 bond must have been fixed on account of some charge of robbery alleged to have been committed by the defendant after the bonds in previous cases had been reduced by this court. So, as shown by the orders of this court, it appears...
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