State v. Libby
Supreme Court of Missouri
Appeal from Laclede Circuit Court.— Hon. Argus Cox, Judge. There is nothing before the court except the record proper. The so-called bill of exceptions fails to show that any exceptions were saved to the overruling of defendant’s motion for a new trial. So, even if the transcript of the evidence can be termed a bill of exceptions, mixed up as it is with the record proper, defendant is not entitled to have any of the alleged errors considered by this court.
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Appeal from Laclede Circuit Court.— Hon. Argus Cox, Judge. There is nothing before the court except the record proper. The so-called bill of exceptions fails to show that any exceptions were saved to the overruling of defendant’s motion for a new trial. So, even if the transcript of the evidence can be termed a bill of exceptions, mixed up as it is with the record proper, defendant is not entitled to have any of the alleged errors considered by this court. State v. Irvin, 171 Mo. 558; State v. Reed, 89 Mo. .168.
1Opinion of the CourtFox, P. J.
This cause comes to this court upon appeal by defendant from a judgment of the circuit court of Laclede county, convicting him of feloniously and wilfully maiming and wounding one W. F. Parker. The record discloses that the appellant failed to preserve by bill of exceptions any exception to the action of the court in overruling his motion for a new trial; therefore, there is nothing before the court to review except the record proper. However, it is suggested that the bill of exceptions may be amended by agreement between the prosecuting attorney, and the counsel for the appellant, and we…
2Cases cited13 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Jones v. HartSupreme Court of Missouri · 1875
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- State v. HarveySupreme Court of Missouri · 1891
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3Cited by14 opinions
- Raymond Thomas Council v. CommonwealthSupreme Court of Virginia · 1956
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Johnston v. RaganSupreme Court of Missouri · 1915
- State v. KitchinSupreme Court of Missouri · 1955
- Osagera v. SchaffSupreme Court of Missouri · 1922
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