State v. Anderson

Citation228 Mo. 441,128 S.W. 734
PartiesSTATE v. ANDERSON.
Decision Date26 May 1910
CourtUnited States State Supreme Court of Missouri

Appeal from Circuit Court, Audrain County; Jas. D. Barnett, Judge.

Luther Anderson was convicted of murder in the first degree, and he appeals. Affirmed.

E. W. Major, Atty. Gen., and Chas. G. Revelle, Asst. Atty. Gen., for the State.

FOX, J.

Upon an information filed by the prosecuting attorney of Audrain county in the circuit court of said county, charging the defendant with murder in the first degree, the defendant was, on the 14th day of August, 1909, upon trial had, found guilty of the offense charged, and his punishment assessed by the jury at imprisonment in the penitentiary for the term of his natural life. After unavailing motions for new trial and in arrest of judgment, sentence was pronounced in accordance with the verdict, and the judgment entered of record. Thereupon defendant appealed.

It appears from the record that the defendant, upon taking an appeal, was granted leave by the court to file his bill of exceptions on or before October 1, 1909, and that, it appearing to the court that he was without means and unable to pay for the transcript, it was ordered that a complete transcript of the proceedings be prepared at the cost of the state. Notwithstanding this, no bill of exceptions was filed, and the case is here on the record proper. The information is good and sufficient, and all the proceedings leading up to and including the trial, verdict, and sentence, are in regular form.

The judgment, therefore, is affirmed. All concur.

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7 cases
  • State v. Dimmick
    • United States
    • Missouri Supreme Court
    • September 28, 1932
    ... ... sentenced in accordance therewith. No motion for new trial ... being filed and there being no bill of exceptions and the ... record proper being in regular form, the judgment must be ... affirmed. State v. Miller, 209 Mo. 389; State v ... Anderson, 228 Mo. 441; State v. Halliday, 311 ... Mo. 474. (2) In the absence of a motion for new trial and ... bill of exceptions, the court's ruling on application for ... change of venue, motion to quash, instructions, application ... for change of venue or continuance or adverse ruling on the ... ...
  • State v. Dimmick
    • United States
    • Missouri Supreme Court
    • September 28, 1932
    ...no bill of exceptions and the record proper being in regular form, the judgment must be affirmed. State v. Miller, 209 Mo. 389; State v. Anderson, 228 Mo. 441; State v. Halliday, 311 Mo. 474. (2) In the absence of a motion for new trial and bill of exceptions, the court's ruling on applicat......
  • The State v. O'Brien
    • United States
    • Missouri Supreme Court
    • May 26, 1910
  • State v. O'Brien
    • United States
    • Missouri Supreme Court
    • May 26, 1910
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