State v. Irwin
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Ho». E. R. McKee, Judge. (1) After defendant’s conviction, he, in due time, filed a motion for a new trial, which was by the court overruled. But defendant saved no exception to the 'action of the court in this regard. Having failed to except to this ruling of the court and to save his exception, he must be deemed to have waived any possible ■objection thereto, and to have acquiesced therein.
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Appeal from Clark Circuit Court. — Ho». E. R. McKee, Judge. (1) After defendant’s conviction, he, in due time, filed a motion for a new trial, which was by the court overruled. But defendant saved no exception to the 'action of the court in this regard. Having failed to except to this ruling of the court and to save his exception, he must be deemed to have waived any possible ■objection thereto, and to have acquiesced therein. There is, then, nothing before this court for review, except the •record proper. State v. Gilmore, 110 Mo. 1; State v. Murry, 126 Mo. 526; State y. Gray, 149 Mo. 258;…
1Opinion of the CourtFox, J.
On March 21, 1901, the prosecuting attorney of Clark county, Missouri, filed in the office of the circuit clerk of that county, an information charging the defendant with grand larceny. There were two counts in the information,, but at the close of the State’s case, the prosecuting attorney dismissed as to the second count. Appellant filed motion to quash the information, which was by the court overruled. To this ruling of the court there was no exception saved. The defendant was duly arraigned and entered his plea of not guilty. This cause, after the hearing of the evidence, was submitted to…
2Cases cited4 opinions
- State v. HarveySupreme Court of Missouri · 1891
- State v. ReedSupreme Court of Missouri · 1886
- State v. NoeningerSupreme Court of Missouri · 1891
- State v. MitchellSupreme Court of Missouri · 1889
3Cited by5 opinions
- Reed v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- State v. CritesSupreme Court of Missouri · 1908
- State v. HarrisSupreme Court of Missouri · 1909
- State v. PenlandSupreme Court of Missouri · 1906
- State v. McGauleySupreme Court of Missouri · 1913