State v. Hannon
| Decision Date | 25 May 1928 |
| Docket Number | No. 28684.,28684. |
| Citation | 7 S.W.2d 278 |
| Parties | STATE v. HANNON. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, St. Louis County.
Richard Hannon was convicted of sodomy, and he appeals. Affirmed.
George C. Darmstatter, of St. Louis, for appellant.
North T. Gentry, Atty. Gen., and A. B. Lovan, Asst. Atty. Gen., for the State.
In a verified information filed on October 21, 1926, in the circuit court of St. Louis county, the defendant was charged with the crime of sodomy, under section 3512, Revised Statutes 1919, committed upon a certain woman per anum on July 19, 1926. The trial resulted in a verdict and sentence of five years in the penitentiary, defendant appealing from the judgment entered.
I. The record is without a bill of exceptions, thus relegating us to the record proper to find error, if any. While the circuit clerk has sent up with the transcript of the record a purported copy of the motion for a new trial and the supplementary motion, together with the instructions given and refused, it is evident that they are not a part of the record proper and can only be made so by a bill of exceptions. Without a bill of exceptions to preserve a motion for a new trial, we are precluded from considering matters of exception. State v. Parnell, 206 Mo. 723, 105 S. W. 742.
II. We need not set forth in hæc verba the information. It follows approved precedents as well as substantively the language of the statute upon which it is based, and it is therefore sufficient. State v. Gurnee, 309 Mo. 6, 274 S. W. 58; State v. Hubbard (Mo. Sup.) 295 S. W. 788. It has been held that sodomy may be committed in the manner charged in the information. State v. Wilkins, 221 Mo. 444, 120 S. W. 22.
III. The verdict is general in form and responsive to the information and issues. It finds the defendant guilty in manner and form as charged in the information, and assesses his punishment at imprisonment in the penitentiary for a term of five years. It has been approved in substance and form. State v. Jackson, 283 Mo. 18, 222 S. W. 746.
IV. After the jury returned a verdict finding defendant guilty and assessing his punishment, within four days he filed both an original motion and a supplementary motion for a new trial. Thereafter the trial court overruled both motions, and, upon giving him allocution, pronounced sentence and judgment in accordance with the verdict. This course and procedure was proper.
Finding the record proper, the only matter...
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State v. Hendrix, 45819
...specifying the offense. However, this form of verdict has been held sufficient. See State v. Jackson, 283 Mo. 18, 222 S.W. 746; State v. Hannon, Mo., 7 S.W.2d 278; State v. Dees, Mo., 276 S.W.2d 201, 206. At least this is true where, as here, the instructions fairly submitted to the jury 't......
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State v. Rutledge
...form to charge defendant with the crime of sodomy under Section 563.230. Statutory references are to RSMo and V.A.M.S.; State v. Hannon, Mo.Sup., 7 S.W.2d 278 and cases cited. It also properly charged prior convictions under which defendant was imprisoned and from which he was discharged. S......
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