544.330. Failure to appear under recognizance. - Missouri Statutes

Failure to appear under recognizance.

544.330. If the person recognized does not appear before theassociate circuit judge according to the condition of suchrecognizance, the associate circuit judge shall record thedefault, but such default may be set aside by the associatecircuit judge on the appearance of the prisoner, and for goodcause shown, at any time to which the examination may becontinued by said associate circuit judge; and in case suchdefault be not set aside, as aforesaid, the associate circuitjudge shall certify the recognizance, with a record of suchdefault, to the court having cognizance of the offense chargedagainst the person so recognized, and the like proceedings shallbe had thereon as upon breach of condition of a recognizance forappearance before said court.

(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.