State v. Britt

• Court: Missouri Supreme Court
• Writing for the Court: Gantt
• Citation: State v. Britt, 23 S.W. 771, 117 Mo. 584 (Mo. 1893)
• Decision Date: 09 November 1893
• Parties: STATE v. BRITT.

23 S.W. 771

117 Mo. 584

STATE v. BRITT.

Supreme Court of Missouri, Division No. 2.

November 9, 1893.

CRIMINAL LAW — BILL OF EXCEPTIONS — TIME OF FILING.

Where defendant in a criminal case does not file his bill of exceptions within the time allowed by the court, nor during such time obtain from the court an order, or from the parties a written stipulation, extending the time, the judgment becomes final, and a bill thereafter filed by consent of the court and parties is unavailing.

Appeal from circuit court, Montgomery county; E. M. Hughes, Judge.

Anderson Britt was convicted of defiling his ward, and he appeals. Affirmed.

Appling & Cole, for appellant. R. F. Walker, Atty. Gen., and Morton Jourdan, Asst. Atty. Gen., for the State.

GANTT, C. J.

At the October term, 1890, in the circuit court of Montgomery county, the defendant was indicted and convicted of defiling his ward, one Mary Dow, a female under the age of 18 years. His motions for a new trial and in arrest were overruled, and he filed his affidavit for appeal, and it was granted. On November 1, 1890, the court made the following order: Ordered, "that the said defendant be allowed an appeal, with leave to defendant to file a bill of exceptions within forty days from this date." The defendant did not avail himself of this extension, and file his bill of exceptions in the 40 days; nor did he obtain from the circuit judge, during the 40 days, an extension of the time; nor did the attorneys on both sides enter into a written stipulation extending the time, and file it with the clerk, in the cause. But on the 26th of April, 1892, some 15 months after the leave given by the court had expired, this entry appears in the record: "Now, at this day, comes defendant herein, by his attorney, and files his bill of exceptions herein, all exceptions as to time of filing...