State v. Halliday

• Citation: 278 S.W. 970,311 Mo. 473
• Decision Date: 22 December 1925
• Docket Number: 26169
• Parties: THE STATE v. GEORGE V. HALLIDAY, Appellant
• Court: United States State Supreme Court of Missouri

278 S.W. 970

311 Mo. 473

THE STATE v. GEORGE V. HALLIDAY, Appellant

No. 26169

Supreme Court of Missouri

December 22, 1925

Appeal from St. Louis City Circuit Court; Hon. V. H Falkenhainer, Judge.

Affirmed.

Wayne Ely for appellant.

Robert W. Otto, Attorney-General, and J. Henry Caruthers, Assistant Attorney-General, for respondent.

(1) The indictment is sufficient. Sec. 3436, R. S. 1919; State v Bell, 212 Mo. 129. (2) No bill of exceptions having been filed herein only the record proper is before the court for review. (3) It appears from the record proper filed in this case that the defendant was charged and convicted on a valid indictment of the crime of forgery in the third degree. He was duly arraigned and plead not guilty. After hearing the evidence and argument of counsel the jury returned their verdict of guilty of forgery in the third degree, as charged in the indictment, and assessed the defendant's punishment at five years in the penitentiary, which verdict is responsive to the charge. The court, after allowing allocution, duly passed judgment and sentence on the defendant in accordance with the verdict of the jury. The judgment and sentence of the lower court should be affirmed.

OPINION

Walker, P. J.

At the April term, 1923, of the Circuit Court of the City of St Louis, the appellant and one Harry S. Turner were jointly indicted for forgery in the third degree. The defendants were arraigned, entered pleas of not guilty, were granted a severance, and the case against the appellant was continued until the October term, 1923. At that term the appellant was tried to a jury, found guilty, and his punishment assessed at imprisonment in the penitentiary for a term of five years.

I. From this judgment he was, on the 12th day of February, 1924, granted an appeal to the Supreme Court. On the 10th day of February, 1925, he filed in this court a transcript of the record proper. On March 30, 1925, the Attorney-General filed a motion to dismiss the appeal under Section 4107, Revised Statutes 1919, which has frequently been construed by this court, to the effect that appeals from convictions for felonies, other than those in which the defendant has been sentenced to death, shall be perfected within twelve months from the time the appeal was granted and that the same may, upon the motion of the Attorney-General, be dismissed, unless the appellant shows to the satisfaction of the court good cause for not perfecting his appeal.

Upon suggestions of the counsel for appellant as to the latter's insanity, subsequent to his conviction, this court overruled the motion to dismiss the appeal and continued the cause as shown by its record entry of April 9 1925, as follows: "Now at this day it is considered and ordered by the court that the respondent's motion to dismiss the appeal herein be and the same is overruled; and it is further ordered by the court of its own motion that this cause be and the same is hereby continued to the October term, 1925." Upon the entry of this order the record status of the case was the same as before the filing of the motion to dismiss the appeal and so continued up...