Supreme Court of Missouri January 15, 1859 (State v. Nelson)

Richardson, Judge,

delivered the opinion of the court.

The defendant Nelson was indicted in the circuit court of St. Charles county for a felonious assault. The writ was issued to the sheriff of Dallas county, where the defendant *14was arrested and let to bail by a justice of the county court of the latter county.

A recognizance is void if not taken by a competent court or officer ; (26 Mo.