State v. Fleetwood
| Citation | 280 S.W. 703 |
| Decision Date | 26 February 1926 |
| Docket Number | 26888 |
| Parties | STATE v. FLEETWOOD |
| Court | Missouri Supreme Court |
North T. Gentry, Atty, Gen., and James A. Potter, Asst. Atty. Gen., for the State.
The defendant was found guilty in the circuit court of Douglas county on January 13, 1925, by the verdict of a jury of using a still in the manufacture of intoxicating liquor. From a sentence to two years' imprisonment in the penitentiary, in accordance with the verdict, he appealed on the same day, and executed a supersedeas bond.
In the bill of exceptions filed in this court it is recited that the information was filed in the circuit court of Ozark county, and that a change of venue was awarded to Douglas county. The appellant has filed here a transcript of the record and proceedings in the circuit court of Douglas county, but it does not include the information or any of the record or proceedings in the circuit court of Ozark county. The appellant was required to perfect his appeal within 12 months from the date thereof by filing in this court a full transcript of the record and proceedings in the cause. Sections 4102 and 4107, R. S. 1919. Failure to comply with this mandatory provision of the statute requires that the appeal be dismissed. State v. Connors, 167 S.W. 429, 258 Mo. 330. It is so ordered.
Per Curiam. The foregoing opinion by HIGBEE. C., is hereby adopted as the opinion of the court.
All concur.
To continue reading
Request your trial