State v. Blythe

• Decision Date: 15 February 1945
• Docket Number: 6525
• Parties: STATE v. BLYTHE
• Court: Missouri Court of Appeals

186 S.W.2d 55

STATE v. BLYTHE

No. 6525

Court of Appeals of Missouri, Springfield

February 15, 1945

'Not to be published in State Reports.'

Phil Graves, of Neosho, for appellant.

Eldred Seneker, Pros. Atty., of Mt. Vernon, for respondent.

OPINION

BLAIR

This case is before this Court without appearance of any attorney brief of any counsel, or even a bill of exceptions.

Consequently we are not advised upon what sort of crime defendant (appellant) was convicted, but know, from the record entries before us, that he was tried for some crime, found guilty and has appealed.

Apparently the prosecution was started in Newton County, Missouri, at some time before February 19, 1940, for the crime of drunken driving; for, on that date, the record discloses that defendant filed an application in the Circuit Court of Newton County for reduction of bail and such bail was fixed at $ 1000.

Thereafter, as the record discloses, a change of venue was granted defendant, and the case was sent to Lawrence County, Missouri, where, on September 17, 1941, defendant was tried, found guilty and fined the sum of $ 75.

After unsuccessful motion for new trial, defendant was granted an appeal to this Court on September 22, 1941, and was given leave to file his bill of exceptions on or before the third day of the succeeding term of the Lawrence County Circuit Court. There the record stops. There is no record of the subsequent filing of a bill of exceptions.

There is not enough in the record for us to say that this Court has appellate jurisdiction. The question of appellate jurisdiction has not been raised and the case was sent here on appeal; but appellate jurisdiction is for determination in every case, and we must determine that question in this case.

The record before us shows that on September 11, 1940, the State was permitted to amend the information. No copy of the original information or of the amended information accompanied the record before us. In this situation, on January 9, 1945, we ordered the Circuit Clerk of Lawrence County to send to this Court a certified copy of the original information and a certified copy of the amended information. We are in receipt of a letter from the Circuit Clerk of Lawrence County, a part of which is as follows:

'We have been unable to locate the amended information that appears to have been filed in this.' case, and hence, no certified copy of such amended information is before us, although we now have before

us the certified copy of the original information, as follows:

'Herbert H. Douglas Prosecuting Attorney within and for the County of

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