State v. Linn
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — How. A. W. Lincoln, Special Judge. (1) There is no bill of exceptions in the record. Motions to quash,, applications for continuance, instructions and motions for new trial and in arrest are strewn through the record, but no proper steps were taken in the lower court to preserve any matters of exception for review. None of the evidence has been brought to this court.
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Appeal from Buchanan Criminal Court. — How. A. W. Lincoln, Special Judge. (1) There is no bill of exceptions in the record. Motions to quash,, applications for continuance, instructions and motions for new trial and in arrest are strewn through the record, but no proper steps were taken in the lower court to preserve any matters of exception for review. None of the evidence has been brought to this court. In this state of the record nothing is reviewable except the record proper. Motions, instructions, etc., have no place in the record proper, and, unless preserved by bill of exceptions,…
1Opinion of the CourtGantt, P. J.
On the 25th day of November, 1907, the grand jury of Bnchanan county returned an indictment, charging the defendant, David F. Linn, and another, with the crime of mayhem. On the same date defendant waived formal arraignment and entered his plea of not guilty. A change of venue from the regular judge was taken, and Hon. A. W. Lincoln of the Greene County Criminal Court was called in to try the case.
A jury was impaneled and sworn and by their verdict assessed defendant’s punishment at fifteen years in the penitentiary. Appellant’s codefendant was acquitted.
On January 29', 1908, defendant filed…
2Cases cited2 opinions
- State v. NerzingerSupreme Court of Missouri · 1909
- United States v. ScrogginsU.S. Circuit Court for the Northern District of Georgia · 1879
3Cited by1 opinion
- State v. KenyonSupreme Court of Missouri · 1939