State v. Horn

Appellant was convicted of carnally and unlawfully knowing a female child under the age of sixteen years, and sentenced to two years' imprisonment. From this judgment he appeals.

The view we take of the case renders a statement of the facts on the merits unnecessary.

[1] Irrespective of exceptions [State v. Barr, 326 Mo. l.c. 1100, 34 S.W.2d l.c. 479 (4)], or assignments of error [State v. Lettrell (Mo.), 39 S.W.2d l.c. 557 (3)], it is our duty to consider the record proper [Sec. 3760, R.S. 1929, Mo. Stat. Ann., p. 3298, and cases cited; State v. Dimmick, 331 Mo. l.c. 247,53 S.W.2d 262 (4)],…