State v. U. S. French
Missouri Court of Appeals
Appeal from, the Polk Circuit Court. — Hok. O. L. Russell, Special Judge. (1) Revised Statutes, section 4166, provide that when the order of removal shall be made the clerk shall make out and transmit a full transcript of the record and proceedings, and that this shall be duly certified, etc; In this case the clerk wholly fails to mention the record in his certificate. The indictment is a part of the record.
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Appeal from, the Polk Circuit Court. — Hok. O. L. Russell, Special Judge. (1) Revised Statutes, section 4166, provide that when the order of removal shall be made the clerk shall make out and transmit a full transcript of the record and proceedings, and that this shall be duly certified, etc; In this case the clerk wholly fails to mention the record in his certificate. The indictment is a part of the record. Hence, there was nothing in the Polk circuit court that defendant could be tried upon. Of course the indictment purported to be copied in the transcript. But there is no certificate that…
1Opinion of the Court
Ellison,. J.
The defendant was indicted and convicted on a charge of abandoning his wife. There was a change of venue from the Dallas circuit court to Polk •county. In the latter county a special judge was selected to try the case. The following are the three errors ■complained of as stated by defendant:
First. Error in overruling defendant’s objection to the transcript from Dallas county, and refusing his request for a rule on the clerk of the Dallas circuit court to send a perfect transcript, duly certified.
Second. Error in overruling defendant’s objection to the special judge proceeding to…
2Cases cited2 opinions
- State v. DanielsSupreme Court of Missouri · 1877
- State v. BishopMissouri Court of Appeals · 1886