State v. Berry
Supreme Court of Missouri
Appeal from Greene Criminal Court. — Hon. M. Oliver, Judge. The record shows that the bill of exceptions was not filed “ during the term of the court,” but in vacation, and there is no order entered of record allowing time to defendant to file such bill; it was, therefore, not filed in time and cannot be considered. R. S. 1889, sec. 2168; State v. Hill, 98 Mo. 570.
1Opinion of the CourtThomas, J.
Defendant was tried in the criminal court of Greene county on change of venue from Taney county, for a felonious assault, and was by a jury found guilty and sentenced to imprisonment in the penitentiary for a term of five years. He has appealed to this court, and urges various alleged errors for which the judgment of the trial court should be reversed. The errors alleged, however, appear only in what purports to be a bill of *368exceptions filed in vacation of tbe court, and the record nowhere shows that the time to file this bill of exceptions was extended by the order of the court or that it…
2Cases cited2 opinions
- State v. OwensSupreme Court of Missouri · 1883
- State v. HillSupreme Court of Missouri · 1889
3Cited by9 opinions
- Linahan v. BarleySupreme Court of Missouri · 1894
- State v. MosleySupreme Court of Missouri · 1893
- State v. RyanSupreme Court of Missouri · 1894
- State v. MansfieldSupreme Court of Missouri · 1891
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
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