State v. Gordon
| Decision Date | 27 June 1893 |
| Citation | 117 Mo. 387,22 S.W. 952 |
| Parties | STATE v. GORDON. |
| Court | Missouri Supreme Court |
Appeal from criminal court, Lafayette county; John E. Ryland, Judge.
Frank Gordon, having been convicted of an assault with intent to kill, appeals. Affirmed.
Welborn & Hicklin, for appellant. R. F. Walker, Atty. Gen., and Morton Jourdan, Asst. Atty. Gen., for the State.
The defendant was indicted at the October term, 1891, in the criminal court of Lafayette county, for an assault with intent to kill, and was convicted, and sentenced to the penitentiary for two years. No brief has been filed in this court. We have examined the record, and find no error in the record proper. After the defendant had been sentenced and granted his appeal, leave was given to file a bill of exceptions in 60 days, and this was done "in vacation, on the 9th of July, 1892." The record proper recites the filing of motions for new trial and in arrest, but the bill of exceptions in this record does not contain any direction to the clerk to copy either in the record, as is authorized by section 2304, Rev. St. 1889. In the absence of such motions, we could not examine anything but the record proper, so that, were we to consider the bill of exceptions, we would still be bound to affirm the judgment and sentence. This record evinces a total misconception of what the record proper and a bill of exceptions respectively should contain. In a charge so grave this is to be greatly regretted, but we are not authorized on that account to consider matters not in the record proper as universally understood by the courts and the profession. State v. Gilmore, (Mo. Sup.) 19 S. W. Rep. 218. The judgment must be, and is, affirmed. All concur.
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State v. Crites
...before the court except the record proper. State v. Libby, 203 Mo. 596; State v. Irwin, 171 Mo. 558; State v. Baker, 206 Mo. 695; State v. Gordon, 117 Mo. 387; State Griffin, 98 Mo. 672; State v. Price, 186 Mo. 140. A bill of exceptions which does not show that appellant excepted to the ove......
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State v. Crites
...Libby, 203 Mo. 596, 102 S. W. 641; State v. Irwin, 171 Mo. 558, 71 S. W. 1015; State v. Baker, 206 Mo. 695, 105 S. W. 743; State v. Gordon, 117 Mo. 387, 22 S. W. 952; State v. Price, 186 Mo. 140, 84 S. W. Since the case was submitted the defendant has filed a certified copy of the judgment ......
- The State v. Gordon