State v. Vaughn

None of the evidence in this case is preserved in the bill of exceptions, and if the instructions were erroneous as abstract propositions of law, this court would not reverse for that reason. The propriety of instructions affecting a trial depends on the evidence, which, if not preserved, authorizes the presumption the law indulges that the judgment below is correct. (9 Mo. 165, 807; 18 Mo. 256.)

The appellant filed a motion for a certiorari On the clerk of the circuit court to require him to perfect the transcript of the record by incorporating the motions to quash and in arrest, and this…