STATE EX REL. STRACENER v. JACKSON

No. WD 31756.

610 S.W.2d 420 (1980)

STATE of Missouri ex rel., Mark W. STRACENER, Petitioner, v. Honorable Randall R. JACKSON, and Gerald L. Gabriel, Sheriff of Buchanan County, Missouri, Respondents.

Missouri Court of Appeals, Western District.

December 30, 1980.


Attorney(s) appearing for the Case

Errol D. Taylor, St. Joseph, for petitioner.

Michael A. Insco, Pros. Atty., St. Joseph, for respondents.

Before WASSERSTROM, C. J., and SHANGLER, DIXON, PRITCHARD, SWOFFORD, CLARK and MANFORD, JJ.


SHANGLER, Judge.

In this original proceeding for habeas corpus the petitioner seeks discharge from the restraint of a judgment for a jail sentence entered under § 560.031, RSMo 1978, for nonpayment of a fine.

The judgment was preceded by a hearing before the Associate Circuit Judge. The transcript of that event, other than the recitation of judgment, was not made part of the habeas corpus proceeding. What we know of that original adjudication, therefore...

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