State v. Leahy
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Daniel D. Fisher, Judge. (1) On Friday, April 2,1909, defendant was granted an appeal to this court, and leave was given defendant of thirty days in which to prepare and file his bill of exceptions.' By computation of time, he would have the remaining twenty-eight days in April and two days in May in which to file his bill of exceptions.
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Appeal from St. Louis City Circuit Court. — Ho». Daniel D. Fisher, Judge. (1) On Friday, April 2,1909, defendant was granted an appeal to this court, and leave was given defendant of thirty days in which to prepare and file his bill of exceptions.' By computation of time, he would have the remaining twenty-eight days in April and two days in May in which to file his bill of exceptions. The second day of May falling on Sunday, which would, under the rule of computation, he excluded (R. S. 1899, sec. 4160), on Monday, the third day of May, hy order of court, the time for filing the hill was…
1Opinion of the CourtBurgess, J.
Upon an information filed by the assistant circuit attorney of the city of St. Louis on the 2nd day of December, 1908, the defendant, in the circuit court of said city, was convicted of assault with intent to kill, without.malice, and his punishment assessed at two years in the penitentiary. Timely motions for new trial and in arrest of judgment filed by the defendant were overruled by the court, whereupon defendant appealed.
It appears from the record that on April 2, 1909, the defendant was granted an appeal to this court, and thirty days allowed him within which to prepare and file his bill…
2Cases cited5 opinions
- State v. AppersonSupreme Court of Missouri · 1893
- State v. EatonSupreme Court of Missouri · 1905
- State v. SimmonsSupreme Court of Missouri · 1894
- State v. ClarkSupreme Court of Missouri · 1894
- State v. StanleySupreme Court of Missouri · 1909
3Cited by1 opinion
- State v. BaileyMissouri Court of Appeals · 1916