State v. Britt
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. On the first day of November defendant’s appeal was allowed, and he was given forty days in which to file his bill of exceptions, which time expired on the tenth day of December, 1890. After the time had expired the trial judge, either with or without the consent or agreement of the parties, had no right to extend the time, and hence the bill of exceptions filed on the twenty-sixth day of April, more than four…
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. On the first day of November defendant’s appeal was allowed, and he was given forty days in which to file his bill of exceptions, which time expired on the tenth day of December, 1890. After the time had expired the trial judge, either with or without the consent or agreement of the parties, had no right to extend the time, and hence the bill of exceptions filed on the twenty-sixth day of April, more than four months after the time allowed by the court had expired, was filed without authority of law, aud cannot be considered by…
1Opinion of the CourtG-antt, P. J.
At the October term, 1890, in the ■circuit court of Montgomery county, the defendant was indicted and convicted of defiling his ward, one Mary .Dow, a female under the age of eighteen years. His motions for a new trial and in arrest were overruled, .and he filed his affidavit for appeal and it was granted.
On November 1, 1890, the court made the following order: Ordered “that the said defendant be allowed an appeal, with leave to defendant to file a bill of exceptions within forty days from this date.”
The defendant did not avail himself of this extension and file his bill of exceptions in the…
2Cases cited3 opinions
- State v. AppersonSupreme Court of Missouri · 1893
- State v. SeatonSupreme Court of Missouri · 1891
- State v. MosleySupreme Court of Missouri · 1893
3Cited by9 opinions
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- Union National Bank v. BarkerSupreme Court of Missouri · 1898
- School District No. 1 v. BoyleMissouri Court of Appeals · 1905
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