State v. Payne
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hem. Louis Hoffman, Judge. (1) None of the three motions to quash, nor the one motion to strike out certain portions of the information, nor exceptions to the overruling of same, were preserved in the hill of exceptions. Such matters form no part of the record proper, and this court is precluded from reviewing same when not embodied in the bill of exceptions.
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Appeal from Pettis Circuit Court. — Hem. Louis Hoffman, Judge. (1) None of the three motions to quash, nor the one motion to strike out certain portions of the information, nor exceptions to the overruling of same, were preserved in the hill of exceptions. Such matters form no part of the record proper, and this court is precluded from reviewing same when not embodied in the bill of exceptions. State v. Price, 186 Mo. 142; State v. Coleman, 199 Mo. 118; State v. Tooker, 188 Mo. 444; State v. Finley, 193 Mo. 210'. The court committed no error, however, in overruling same. One of these motions…
1Opinion of the CourtGantt, P. J.
This prosecution was commenced by an information filed by the prosecuting attorney of Pettis county, charging the defendant with larceny from the person of Homer Arnold in the nighttime. Afterwards on April 1, 1907, an amended information was filed charging the defendant with the same offense with the addition of a charge of a former conviction of the same offense, and that she had been imprisoned in the penitentiary and having fully complied with the sentence had been discharged therefrom. After unavailing motions to quash and strike out certain portions of the information, the defendant was…
2Cases cited4 opinions
- State v. ManickeSupreme Court of Missouri · 1897
- State v. SummarSupreme Court of Missouri · 1898
- State v. VaughanSupreme Court of Missouri · 1906
- State v. WatersSupreme Court of Missouri · 1898
3Cited by4 opinions
- State v. BrinkleySupreme Court of Missouri · 1945
- State v. GranberryMissouri Court of Appeals · 1975
- State v. FergusonSupreme Court of Missouri · 1919
- State v. GranberryMissouri Court of Appeals · 1975