State v. Rosenberg

• Decision Date: 07 May 1901
• Citation: 62 S.W. 982,162 Mo. 358
• Parties: STATE v. ROSENBERG.
• Court: Missouri Supreme Court

62 S.W. 982

162 Mo. 358

STATE v. ROSENBERG.

Supreme Court of Missouri, Division No. 2.

May 7, 1901.

CRIMINAL LAW—REHEARING.

Where a judgment of conviction of a felony was affirmed on appeal, and defendant did not comply with the conditions of his recognizance, but secreted himself, a motion for rehearing pending such concealment will not be considered.

On motion for rehearing. Denied. For former opinion, see 62 S. W. 435.

SHERWOOD, P. J.

Defendant was convicted and adjudged guilty of a felony in the trial court, and judgment rendered against and sentence pronounced upon him; and he appealed to this court, where such judgment was in all things affirmed, as appears from the original opinion filed in this cause. On taking his appeal he entered into recognizance conditioned for his appearance in this court to receive judgment on his appeal, and conditioned that he would render himself in execution. With none of these conditions of his recognizance has he complied. As such compliance did not occur when judgment of affirmance was pronounced, an order of arrest was made and delivered to our marshal, who has vainly endeavored to execute it, defendant being in hiding. With matters in this position, a motion for rehearing has been filed on behalf of defendant. This motion, owing to the facts aforesaid, we shall decline to consider on the merits, as we are determined not to permit a defendant to secrete himself, wait to see what the result of his motion will be, and, if favorable to him, then make his appearance; if otherwise, remain perdue. Motion denied. All concur.