State v. Herron
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — How. Hugh Dabbs, Judge. (1) Leave was granted defendant to file his bill of exceptions, but no bill was filed. The clerk of that court has copied into the record proper what purports to be the motion for a new trial, the motion in arrest of judgment and the instructions given. .But, in the absence of a bill of exceptions, said matters cannot be considered, as they have no place in the record proper.
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Appeal from Lawrence Circuit Court. — How. Hugh Dabbs, Judge. (1) Leave was granted defendant to file his bill of exceptions, but no bill was filed. The clerk of that court has copied into the record proper what purports to be the motion for a new trial, the motion in arrest of judgment and the instructions given. .But, in the absence of a bill of exceptions, said matters cannot be considered, as they have no place in the record proper. State v. Harvey, 105 Mo. 316; State v. Irwin, 171 Mo. 558; State v. Sheham, 25 Mo. 465. (2) Where there is no bill of exceptions and no error appearing in the…
1Opinion of the CourtFox, J.
This cause comes here upon appeal by the defendant from a judgment of conviction in the circuit court of Lawrence county for robbery in the first degree. On the 3rd day of January, 1905, the prosecuting attorney of Lawrence county filed an information, duly verified, charging the defendant and Otis Herron, Fred Herron and Thomas Finn with robbery in the first degree. On his application the defendant was granted a severance, and on his application defendant was granted a change of venue on account of the prejudice of the regular judge of that court, Hon. F. C. Johnston. Hon. James T. Neville,…
2Cited by4 opinions
- State ex rel. Waggoner v. LeichtmanMissouri Court of Appeals · 1910
- State v. RhodesSupreme Court of Missouri · 1909
- Pugsley v. Ozark Cooperage & Lumber Co.Missouri Court of Appeals · 1911
- State v. ShouseSupreme Court of Missouri · 1916