State v. Baty
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. B. 8. Byors, Special Judge. No record of an adjournment appears, from the August term, 1900, to the first Monday in October, 1900. This fact can only appear by record. Milan v. Pemberton, 12 Mo. 394; Dennison v. County of St. Louis, 33 Mo. 168; R. S. 1899, secs. 3603, 1604, 1605, 1679. In criminal causes jurisdiction can not be conferred by consent of the accused.
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Appeal from Osage Circuit Court. — Hon. B. 8. Byors, Special Judge. No record of an adjournment appears, from the August term, 1900, to the first Monday in October, 1900. This fact can only appear by record. Milan v. Pemberton, 12 Mo. 394; Dennison v. County of St. Louis, 33 Mo. 168; R. S. 1899, secs. 3603, 1604, 1605, 1679. In criminal causes jurisdiction can not be conferred by consent of the accused. City of Kansas v. Knott, 78 Mo. 356. An adjourned term can be held only in the way pointed out by statute. There must be an order of record. R. S. 1899, sec. 1605. The record shows that this…
1Opinion of the CourtSheewood, P. J.
The defendant, on a charge of murder in the first degree, was convicted of the second degree of that crime and his punishment assessed at ten years in the penitentiary.
The indictment charged that defendant killed George H. Hopkins, by giving him three mortal wounds on the head by striking, hitting and beating him on the head with a rock.
The evidence in this case can not be looked into by reason of the fact that the bill of exceptions has not been properly identified; nothing in the transcript to show where it begins.
There is nothing in the record proper which precedes and identifies what may…
2Cases cited3 opinions
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Reno v. JarrellSupreme Court of Missouri · 1901
- State v. HarkinsSupreme Court of Missouri · 1890
3Cited by18 opinions
- State ex rel. Hadley v. AdkinsSupreme Court of Missouri · 1909
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Ussery v. HaynesSupreme Court of Missouri · 1939
- McCord Rubber Co. v. St. Joseph Water Co.Supreme Court of Missouri · 1904
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