Edward McLallen v. Jack Henderson, Official Court Stenographer, 30th Judicial Circuit of Missouri

DENNEY, District Judge.

Appellant, McLallen, was convicted on May 8, 1972, in the Circuit Court of Benton County, Missouri, on four felony counts. On June 19, 1972, McLallen filed a notice of appeal of the convictions. The Circuit Court of Benton County found that appellant was unable to pay the costs of a transcript of the trial for the appeal and ordered the official court reporter, Henderson, the ap-pellee, to prepare such transcript and furnish a copy without cost to McLallen.

On May 15, 1973, the transcript was finally delivered to McLallen’s counsel. On May 21, 1973, McLallen filed suit,…