State v. Patton
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) The matter to which the attention of the court' is called in this case is: What is the effect of unlawful and unwarranted intermeddling with the records of the court ? We say unlawful, for the statute in positive terms recites “that no process, pleading or record shall be amended or impaired by the clerk or other officer without the order of such court.
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Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) The matter to which the attention of the court' is called in this case is: What is the effect of unlawful and unwarranted intermeddling with the records of the court ? We say unlawful, for the statute in positive terms recites “that no process, pleading or record shall be amended or impaired by the clerk or other officer without the order of such court. We say unwarranted, for no order of the court was made permitting the change alleged to have been made. We further insist that jurisdiction did not attach to the court to try…
1Opinion of the CourtGoode, J.
The transcript of the record in this case shows that on the first day of May, 1901, three informations were filed in the office of the clerk of the. circuit court of Butler county, against the appellant Edward Patton, each of which charged him with the offense of selling intoxicating liquor without having taken out a license as a dramshopkeeper. These cases were afterwards consolidated and tried as one case by the court sitting as a jury and appellant fined two hundred dollars for each offense; judgment was entered accordingly and an appeal taken to this court.
Only one assignment' of error is…
2Cited by3 opinions
- State v. QuinnMissouri Court of Appeals · 1902
- State v. LucasMissouri Court of Appeals · 1902
- State v. QuinnSupreme Court of Missouri · 1902