State v. Williams
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. Defendant failed to file his bill of exceptions in time. We have nothing save the record proper before us subject to examination. The instructions appear to have been preserved, but this court will not take them under consideration when not accompanied by the evidence. The indictment charges grand larceny in the usual manner approved by this court, and it is therefore free from attack.
1Opinion of the CourtSherwood, J.
— Five years in the penitentiary was the term awarded to defendant for grand larceny by the jui’y that tried him. There is no bill of exceptions here, and there is nothing preserved, although the instructions have been copied into the transcript. Such matters can only be preserved by and in a bill of exceptions, and even if the instructions had been properly preserved, we could not notice them unless the evidence had also been preserved. The clerk should not have copied the instructions into the transcript.
No error being found in the record, judgment affirmed.
All concur.
2Cited by1 opinion
- State v. PalmerSupreme Court of Missouri · 1941