Legal Opinion

State v. Jones

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 8 opinions

Appeal from, Dallas Circuit Court. — W. P. Porter, Esq., Special Judge. (1) Tried by the affidavits filed, there is a clear preponderance of the evidence against the bill of exceptions, and it cannot be considered as part of the record. State v. Hronek, 95 Mo. 79. (2) The bill is not signed by “three bystanders.” John S.- Ilaymes, one of the three persons who signed the bill, was not a “bystander,” but was one of defendant’s attorneys, as. appears from his affidavit.

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Appeal from, Dallas Circuit Court. — W. P. Porter, Esq., Special Judge. (1) Tried by the affidavits filed, there is a clear preponderance of the evidence against the bill of exceptions, and it cannot be considered as part of the record. State v. Hronek, 95 Mo. 79. (2) The bill is not signed by “three bystanders.” John S.- Ilaymes, one of the three persons who signed the bill, was not a “bystander,” but was one of defendant’s attorneys, as. appears from his affidavit. There is, therefore, nothing before this court for consideration except the record proper, and on that the judgment should be…

1Opinion of the CourtSherwood, J.

— The defendant, indicted for seducing and debauching Alfonza Snipes, was tried before a special judge, convicted, and his punishment assessed at imprisonment in the penitentiary for the term of three years. Prom the judgment and sentence in this case, he appeals to this court.

At the threshold of the merits of this cause, objection is made that the bill of exceptions is not signed by the trial j udge, who refused to sign the same, giving his reasons therefor, in compliance with the statute, that the bill was untrue in certain particulars, etc. Bills of exceptions are procured in the same way,…

2Cited by8 opinions

  1. Utley v. HillSupreme Court of Missouri · 1900
  2. Glover v. PfeufferCourt of Appeals of Texas · 1914
  3. Buck v. St. Louis Union Trust Co.Supreme Court of Missouri · 1916
  4. Alamo Iron Works v. PradoCourt of Appeals of Texas · 1920
  5. Joplin Supply Co. v. WestMissouri Court of Appeals · 1910

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