State v. Hayes
Missouri Court of Appeals
Appeal from the St. Louis Criminal Court. Laughlin, J. The appellant is entitled to have his cáse reviewed upon a complete record. — The State v. Reed, 67 Mo. 36. The order calling in Judge Burton was proper and lawful under [Revised Statutes, section 1877, which repealed all acts inconsistent therewith. — The State v. Kring, 74 Mo. 612; The State v. Houser, 28 Mo. 233. The criminal court was not divested of jurisdiction by Judge Burton’s laying the case over for a few…
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Appeal from the St. Louis Criminal Court. Laughlin, J. The appellant is entitled to have his cáse reviewed upon a complete record. — The State v. Reed, 67 Mo. 36. The order calling in Judge Burton was proper and lawful under [Revised Statutes, section 1877, which repealed all acts inconsistent therewith. — The State v. Kring, 74 Mo. 612; The State v. Houser, 28 Mo. 233. The criminal court was not divested of jurisdiction by Judge Burton’s laying the case over for a few days.— The State v. Kring, 74 Mo. 622-627; The State v. Webb, 74 Mo. 333; The State v. Greenwall, 72 Mo. 305, 306.
1Opinion of the CourtLewis, P. J.
The defendant appeals from a conviction of murder in the first degree.
The transcript shows that at the close of the testimony the defendant asked for an instruction, which the court refused to give. The instruction does not appear, and in its place is a note, by the clerk, thus: “The instruction referred to can not be found among the records in the case. It is either lost or mislaid.” Because of this omission from the transcript, the defendant asks for a reversal of the judgment, on the authority of The State v. Reed (67 Mo. 36). The opinion in that case says that “the appellant suggested a…
2Cases cited2 opinions
- State v. ReedSupreme Court of Missouri · 1877
- State v. KringSupreme Court of Missouri · 1881
3Cited by1 opinion
- James v. Kansas CityMissouri Court of Appeals · 1900