State v. Harris
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) The information is unobjectionable. State v. Neal, 178 Mo. 69; State v. Payne, 194 Mo. 451. (2) There is no bill of exceptions in the case. No record entry showing the filing and no “certificate on the bill itself” appears in the transcript. Without one or both of these the bill is a nullity. A mere recitation by the clerk in the transcript that the bill was filed is not sufficient.
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Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) The information is unobjectionable. State v. Neal, 178 Mo. 69; State v. Payne, 194 Mo. 451. (2) There is no bill of exceptions in the case. No record entry showing the filing and no “certificate on the bill itself” appears in the transcript. Without one or both of these the bill is a nullity. A mere recitation by the clerk in the transcript that the bill was filed is not sufficient. Wilson v. Railroad, 167 Mo. 324; State v. Walker, 194 Mo. 375; Ferguson v. Thacher, 79 Mo. 514; State ex rel. v. Chaney, 49 Mo. App. 515;…
1Opinion of the CourtFox, J.
This cause is brought to this court by appeal on the part of the defendant from a judgment of the New Madrid Circuit Court, convicting him of an assault with intent to commit rape.
At the very inception of the consideration of this cause we find by an examination of the record that it fails to disclose any objections or exceptions to the action of the court in overruling defendant’s motion for a new trial. Under this State of the record appellant has failed to preserve such exceptions to the action of the court in overruling his motion for new trial as would authorize this court to review the…
2Cases cited6 opinions
- State v. HarveySupreme Court of Missouri · 1891
- State v. ReedSupreme Court of Missouri · 1886
- State v. NoeningerSupreme Court of Missouri · 1891
- State v. MitchellSupreme Court of Missouri · 1889
- State v. IrwinMissouri Court of Appeals · 1903
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3Cited by2 opinions
- Chrisco Bros. v. CarrollMissouri Court of Appeals · 1910
- Crider v. HaynesMissouri Court of Appeals · 1912