Legal Opinion

State v. Brannon

Supreme Court of Missouri

Decided May 19, 1908PublishedCited by 1 opinion

Appeal from Henry Circuit Court.— Eon. Chas. A. Denton, Judge. (1) The information, which was accompanied by the affidavit of ITenry Cahill, is sufficient in form and substance. Kelley’s Crim. Law, sec. 535; State v. PIoux, 109 Mo. 658; State v. Burris, 126 Mo. 566; R. S. 1899, sec. 1837. (2) The bill of exceptions was not filed within the time required by the order of the circuit court; hence, there is nothing before this court except the record proper.

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Appeal from Henry Circuit Court.— Eon. Chas. A. Denton, Judge. (1) The information, which was accompanied by the affidavit of ITenry Cahill, is sufficient in form and substance. Kelley’s Crim. Law, sec. 535; State v. PIoux, 109 Mo. 658; State v. Burris, 126 Mo. 566; R. S. 1899, sec. 1837. (2) The bill of exceptions was not filed within the time required by the order of the circuit court; hence, there is nothing before this court except the record proper. State v. Wilson, 200 Mo. 23; State v. Eaton, 191 Mo. 151. (3) But even if the court cares to examine the so-called bill of exceptions, it…

1Opinion of the CourtGantt, J.

— On the 26tli day of March, 1906, the prosecuting attorney of Henry county filed an information duly verified charging the defendant with the crime of rape upon a female child under the age of fourteen years, at the county of Henry in this State.

The defendant was duly arraigned at the January term, 1907, and at the same term was put upon his trial and found guilty as charged and his punishment assessed at twenty years in the State penitentiary. Sentence was pronounced in accordance with the verdict and from that sentence he has appealed to this court.

The defendant filed his motion for a new…

2Cases cited2 opinions

  1. State v. AppersonSupreme Court of Missouri · 1893
  2. State v. EatonSupreme Court of Missouri · 1905

3Cited by1 opinion

  1. State v. TimeusSupreme Court of Missouri · 1911

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