Legal Opinion

State v. McGauley

Supreme Court of Missouri

Decided February 19, 1913Published

Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. The record shows no exceptions were taken to the giving of instructions. Nor does the record show that any exceptions were saved to the action of the court in overruling the motions for new trial and in arrest of judgment. In such ease there is nothing for review here except the record proper. State v. Libby, 203 Mo. 598.

1Opinion of the Court

'WALKER, J.

The appellant was indicted in the circuit court of the city of St. Louis, jointly with one William Sheehy, for grand larceny, for having stolen from said city a certain sum of money. The indictment embodied other counts dismissed by the State before the trial, and, therefore, not for consideration here.

Before the trial the State entered a nolle prosequi as to the defendant William Sheehy,'and upon appellant’s being arraigned and entering a plea of hot guilty, the trial proceeded. After hearing the evidence and receiving the instructions of the court, the jury returned a verdict of…

2Cases cited2 opinions

  1. State v. LibbySupreme Court of Missouri · 1907
  2. State v. IrwinMissouri Court of Appeals · 1903

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