State v. Wilson

Upon the record now before us we cannot consider what purports to be a bill of exceptions. By numerous decisions of this court, and also of the supreme court, the rule of practice has been established that, where a bill of exceptions is filed in term time, there must be some recital in the record proper that it is filed ; and that, when it is filed in vacation, there must be a recital of record in term time that leave was given by the court to file it in vacation, and also a file mark or recital by the clerk showing that it was filed within the time granted. Dinwiddie v. Jacobs, 82 Mo. 195 ;…