State v. Griffin
Supreme Court of Missouri
Appeal from McDonald Circuit Court. — Hon. M. Gf. MoGI-regoe, Judge. (1) Neither the application for a continuance, nor the evidence, motion for a new trial or in arrest are made part of the record by being incorporated in a bill of exceptions, and they cannot be noticed by this court. Mere references to them in the bill by citing the page on which they appear is not sufficient.
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Appeal from McDonald Circuit Court. — Hon. M. Gf. MoGI-regoe, Judge. (1) Neither the application for a continuance, nor the evidence, motion for a new trial or in arrest are made part of the record by being incorporated in a bill of exceptions, and they cannot be noticed by this court. Mere references to them in the bill by citing the page on which they appear is not sufficient. Jefferson City v. Opel, 67 Mo. 894 ; Sturdevant v. Watkins, 47 Mo. 177; State v. Shehan, 25 Mo. 565 ; State v. Marshall, 36 Moj 400 ; Blount ®. Fink, 55 Mo. 455; Roberts v. Bartlettj 26 Mo. App. 611; Jones ®.…
1Opinion of the CourtSherwood, J.
— The defendant was charged by the indictment with murder in the second degree. When *674tried, he was convicted of that offense, and his punishment assessed at ten years in the penitentiary, and, being sentenced accordingly, he appeals at this court.
Section 3776, Revised Statutes, 1879, has been materially amended by the act approved March 31, 1885. Acts, 1885, p. 219. The amendatory section, so far as necessary to quote, reads as follows: “But it shall not be necessary for the review of the action of any lower court on appeal or writ of error, that the motion for a new trial, in arrest of…
2Cases cited15 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. WallSupreme Court of Missouri · 1851
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- State v. McDonaldSupreme Court of Missouri · 1885
- Tower v. MooreSupreme Court of Missouri · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. HopeSupreme Court of Missouri · 1889
- Blanchard v. DormanSupreme Court of Missouri · 1911
- Ryan v. GrowneySupreme Court of Missouri · 1894
- State v. BluntSupreme Court of Missouri · 1892
25 more not listed; retrieve them via the Exa API.