State v. Birron
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Mon. John T. Moore, Judge. (1) If the affidavit was defective, or a nullity, respondeat should have objected to the order of the trial court granting the appeal and saved an exception if his objection was overruled, which respondent did not do. (2) Respondent before he can he heard to complain should have saved his exceptions and had them incorporated in the bill of exceptions. R. S. 1909, sec. 5245; State v. Black, 99 Mo.
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Appeal from Christian Circuit Court. — Mon. John T. Moore, Judge. (1) If the affidavit was defective, or a nullity, respondeat should have objected to the order of the trial court granting the appeal and saved an exception if his objection was overruled, which respondent did not do. (2) Respondent before he can he heard to complain should have saved his exceptions and had them incorporated in the bill of exceptions. R. S. 1909, sec. 5245; State v. Black, 99 Mo. App. 34; State v. McDonald, 85 Mo. 539; State ex rel. v. Broaddus, 210 Mo. 1; Marshall v. Estate, 144 S. W. 1120; State v. Meyers, 99…
1Opinion of the CourtCox, J.
Prosecution in circuit court by informa- • tion for common assault. Defendant convicted and fine of one dollars assessed and he has appealed.
Respondent has filed a motion to dismiss the appeal on the ground that no affidavit for appeal as required by the statute was filed. The affidavit was made by defendant’s agent and attorney and no affidavit for appeal was made by defendant in person. The question is whether an appeal granted without an affidavit for appeal by the defendant in person in a criminal case confers any jurisdiction on the appellate court. The statute, Sec. 5292, R. S. 1909,…
2Cases cited3 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Shemwell v. McKinneySupreme Court of Missouri · 1908
- State v. MeedMissouri Court of Appeals · 1907
3Cited by1 opinion
- State v. CampbellSupreme Court of Missouri · 1923