Legal Opinion

State v. Scobee

Supreme Court of Missouri

Decided February 17, 1914PublishedCited by 1 opinion

Appeal from Stone Circuit Court. — Ron. John T. Moore, Judge. There is nothing in this case for the court to review but the record proper, (a) The abstract of the record proper contains no entry evidencing the filing of a motion for a new trial.

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Appeal from Stone Circuit Court. — Ron. John T. Moore, Judge. There is nothing in this case for the court to review but the record proper, (a) The abstract of the record proper contains no entry evidencing the filing of a motion for a new trial. It is true it appears from the bill of exceptions that such a motion was filed, but this court has uniformly held that a mere notation in the bill of exceptions, in the absence of an entry in the record proper, is insufficient to save matter of exception for consideration on appeal. State v. Kimmons, 124 Mo. App. 498; State v. George, 221 Mo. 521;…

1Opinion of the CourtFaris, J.

Defendant, convicted in the circuit court of Stone county of felonious assault, has ap pealed. Against his averments of error arising out o". matters of pure exception occurring upon the trial, thi State, to foreclose examination of the bill of excep tions, urges that there is no order in the record show ing either that the motion for a new trial was eve'i filed, or that it was ever overruled.

*272Motion for New Recltái of F°iifng and overruling. *271Looking to the record we note chat under the style of the case the circuit clerk has set out a com*272píete copy of the motion for a new trial, bnt the…

2Cases cited4 opinions

  1. Hill v. Butler CountySupreme Court of Missouri · 1906
  2. State v. GeorgeSupreme Court of Missouri · 1909
  3. Barbee v. HerefordSupreme Court of Missouri · 1871
  4. State v. JohnsonSupreme Court of Missouri · 1883

3Cited by1 opinion

  1. State v. WadeSupreme Court of Missouri · 1915

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