State v. Clark
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. E. F. Eoy, Judge. It was the duty of the court to instruct on the whole case (E. S. 1889, sec. 4208), and this whether asked or not. State v. Palmer, 88 Mo. 573; State v. Bramlette, 65 Mo. 154; State v. Banks, 73 Mo. 597; State v. Schloss, 93 Mo. 365. The court will not consider the bill of exceptions in this cause.
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Appeal from Hannibal Court of Common Pleas. — Hon. E. F. Eoy, Judge. It was the duty of the court to instruct on the whole case (E. S. 1889, sec. 4208), and this whether asked or not. State v. Palmer, 88 Mo. 573; State v. Bramlette, 65 Mo. 154; State v. Banks, 73 Mo. 597; State v. Schloss, 93 Mo. 365. The court will not consider the bill of exceptions in this cause. State v. Britt, 117 Mo. 584; State v. Apperson, 115 Mo. 470; State v. Mosley, 116 Mo. 545; State v. Seaton, 106 Mo. 198. There is no error in the record proper.
1Opinion of the CourtBuegess, J.
At the May term, 1893, of the common pleas court of Marion county, defendant was convicted of assault with intent to kill; his punishment fixed at seven years’ imprisonment in the penitentiary and he appealed to this court.
On the twelfth day of May, 1893, by an order entered of record in said court defendant was given until the first day of August next thereafter in which to file his bill of exceptions but which was not filed until the thirty-first day of August.
As the bill of exceptions was filed out of time there is nothing before this court for review except what may appear from the record…
2Cases cited4 opinions
- State v. AppersonSupreme Court of Missouri · 1893
- State v. SeatonSupreme Court of Missouri · 1891
- State v. MosleySupreme Court of Missouri · 1893
- State v. BrittSupreme Court of Missouri · 1893
3Cited by5 opinions
- State v. SimmonsSupreme Court of Missouri · 1894
- Hecht v. HeimannMissouri Court of Appeals · 1899
- O'Bannon v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
- City of St. Louis v. SaitzSupreme Court of Missouri · 1901
- State v. LeahySupreme Court of Missouri · 1910