Keeton v. State
| Decision Date | 11 November 1912 |
| Citation | 102 Miss. 747,59 So. 884 |
| Court | Mississippi Supreme Court |
| Parties | ED. KEETON v. STATE |
October, 1912
APPEAL from the circuit court of Lauderdale county, HON. JOHN L. BUCKLEY, Judge.
Ed. Keeton was convicted of crime and appeals.
The facts are fully stated in the opinion of the court.
Affirmed.
Wyatt & Easterling, for appellant.
Claud Clayton, assistant attorney-general, for the state.
We find no reversible error, if error at all, in any of the matters complained of. The remarks alleged to have been made by the district attorney in his closing argument are not before us for review, for the reason that they are not presented by either a general or special bill of exceptions. They were not taken down by the stenographer on the trial of the case, and consequently do not appear in the general bill of exceptions, composed of his transcribed notes.
After the trial of the case a special bill of exceptions, setting forth these remarks, seems to have been presented to the trial judge; but he declined to sign it. Thereupon evidence seems to have been taken in order to prove that the remarks attributed to the district attorney were in fact made by him. All matters which occur during the trial of a case in the presence of the court, and which are not otherwise of record, can only be made a part of the record by a bill of exceptions, made up in some one of the ways authorized by law.
Affirmed.
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Dean v. State
... ... 8; Kelly v. State, 113 Miss. 850, 74 So ... Generally ... where matters occurred at a trial that are not shown by the ... record, they can only be shown by a bill of exceptions and ... showing them by testimony on motion for a new trial is ... unavailing ... Keeton ... v. State, 102 Miss. 747, 59 So. 884; Powers v ... State, 83 Miss. 691, 36 So. 6; Huggins v ... State, 103 Miss. 227, 69 So. 209; King v ... State, 146 Miss. 285, 111 So. 378; Fairley v ... State, 152 Miss. 656, 120 So. 747; Magee v ... State, 154 Miss. 671, 122 So. 766; ... ...
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Dean v. State
... ... 8; Kelly v. State, 113 Miss. 850, 74 So. 679 ... Generally ... where matters occurred at a trial that are not shown by the ... record, they can only be shown by a bill of exceptions and ... showing them by testimony on motion for a new trial is ... unavailing ... Keeton ... v. State, 102 Miss. 747, 59 So. 884; Powers v. State, 83 ... Miss. 691, 36 So. 6; Huggings v. State, 103 Miss. 227, 69 So ... 209; King v. State, 146 Miss. 285, 111 So. 378; Fairley v ... State, 152 Miss. 656, 120 So. 747; Magee v. State, 154 Miss ... 671, 122 So. 766; Elmore v. State, ... ...
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Johnson v. State
...for a new trial. Here, again, it seems from the decisions that the state runs into another difficulty. In the cases of Keeton v. State, 102 Miss. 747, 59 So. 884; Huggins v. State, 103 Miss. 227, 60 So. Brumfield v. State, 102 Miss. 610, 59 So. 849. It appears that the court has laid down t......
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Shaw v. State
...objectionable argument can only be shown by a special bill of exceptions made up in some one of the ways authorized by law. Keeton v. State, 102 Miss. 747, 59 So. 884; Huggins v. State, 103 Miss. 227, 60 So. Brumfield v. State, 102 Miss. 610, 59 So. 849. This court has also said that the av......