State v. Rolley
Supreme Court of Missouri
Appeal from Ozark Circuit Court. — Hon. W. N. Evans, Judge. There is nothing in the entire transcript to show that the hill of exceptions was ever filed. If filed during term time, the record entry must show it; if filed at any time after the adjournment of the term, the in-dorsement must appear upon the bill of exceptions; neither appear from this record; hence this appeal must be determined from the record proper. Lafollette v. Thompson, 83 Mo. 199.
1Opinion of the CourtSherwood, J.
The defendant, indicted for and convicted of obtaining money under false pretenses, and his punishment assessed at three years in the penitentiary, appeals to this court.
The defendant is not represented in this court by counsel and so we have examined the record. The indictment is in proper form, but it does not appear from the record nor from an indorsement upon it by the clerk, that the bill of exceptions was ever filed. In such circumstances, the supposed bill must be disre*678garded as not being properly authenticated. Lafollette v. Thompson, 83 Mo. 199.
As there is no error in the record…
2Cases cited1 opinion
- Lafollette v. ThompsonSupreme Court of Missouri · 1884
3Cited by6 opinions
- Wilson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1902
- Bates v. Ruth & Mengal Realty Co.Missouri Court of Appeals · 1901
- Finlay v. GillMissouri Court of Appeals · 1899
- Jaco v. Southern Missouri & Arkansas Railway Co.Missouri Court of Appeals · 1902
- State v. BordersSupreme Court of Missouri · 1910
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