Legal Opinion

State v. Clapper

Supreme Court of Missouri

Decided May 22, 1906PublishedCited by 5 opinions

Appeal from McDonald Circuit Court.—Hon. F. C. Johnston, Judge.. It appears from the transcript of the record filed in this cause that sentence was not pronounced hy the court upon the defendant, nor was judgment rendered upon the verdict of the jury. The record being in this condition, there is nothing before this court for review.

Read the full summary

Appeal from McDonald Circuit Court.—Hon. F. C. Johnston, Judge.. It appears from the transcript of the record filed in this cause that sentence was not pronounced hy the court upon the defendant, nor was judgment rendered upon the verdict of the jury. The record being in this condition, there is nothing before this court for review. State v. Holland, 160 Mo. 668; State v. Gullic, 170 Mo. 334; State v. Hesterly, 178 Mo. 43. It is respectfully submitted that the case be remanded, with directions to the trial court to enter judgment in accordance with the verdict of the jury.

1Opinion of the CourtGantt, J.

This is an appeal from the circuit court of McDonald county. An inspection of the record discloses that no sentence was pronounced or judgment rendered by the circuit court upon the verdict of the jury, notwithstanding a motion for new trial as well *43as a motion in arrest were filed, heard and overruled. Our attention is called to this condition of the record by the Attorney-General, with the suggestion that the record be returned to the circuit court to enter judgment and pronounce sentence in accordance with the verdict of the jury.

Attention on the part of the circuit and criminal courts and…

2Cases cited2 opinions

  1. State v. HollandSupreme Court of Missouri · 1901
  2. State v. GullicSupreme Court of Missouri · 1902

3Cited by5 opinions

  1. State v. VinsonSupreme Court of Missouri · 1935
  2. State v. HarrisSupreme Court of Missouri · 1929
  3. State v. GeorgeSupreme Court of Missouri · 1907
  4. State v. HodgesSupreme Court of Missouri · 1907
  5. State v. SmithSupreme Court of Missouri · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API