State v. Harvey
| Decision Date | 23 June 1891 |
| Citation | 105 Mo. 316,16 S.W. 886 |
| Parties | STATE v. HARVEY. |
| Court | Missouri Supreme Court |
Appeal from criminal court, Jackson county; HENRY P. WHITE, Judge.
E. N. Western and Walter Brannum, for appellant. Atty. Gen. Wood, for respondent.
At the September term, 1889, of the criminal court of Jackson county, Mo., an indictment was returned against defendant under section 1252, Rev. St. 1879, charging her with giving birth to a child on 31st of August, 1889, and endeavoring to conceal the same by secretly depositing the child in a vault, so that it could not be known whether the child was born alive or dead. The cause was tried on 14th day of October, 1889, and a verdict of guilty was rendered by a jury, and the punishment assessed at four years in the penitentiary. The cause is here on appeal. There is a copy of the motion for new trial copied into the record proper and again in the bill of exceptions, but it has no place in either. The motion for new trial is no part of the record proper, and we cannot conceive how, in the nature of things, it has a place in a bill of exceptions, unless the overruling of it formed the basis of an exception, and such an exception was actually taken and saved when the motion was overruled. If the errors pointed out in the brief of counsel for the defendant were really committed, it is most unfortunate they were not more careful in making their bill of exceptions to see that the motion for new trial was properly made a part of the record. State v. McCray, 74 Mo. 303; State v. Pints, 64 Mo. 317; State v. Dunn, 73 Mo. 586. As it is, the said errors cannot be noticed in this court. We have examined the record proper, and find no error in it. The judgment must be affirmed. All concur.
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State v. Fitzgerald
...(5) The exception to the court's overruling appellant's demurrer to the evidence is not preserved in the motion for new trial. State v. Harvey, 105 Mo. 316; State Mitchell, 98 Mo. 657; State v. Reed, 89 Mo. 168. A case should not be taken away from the jury if there is any evidence to susta......
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Guaranty Savings & Loan Ass'n v. City of Springfield
... ... appear in the original bill of exceptions. There is a long ... line of authority in this state holding that where the bill ... of exceptions fails to show an exception saved to the ... overruling of a motion for a new-trial that the errors ... therein are not preserved for review. State vs Harvey, 105 ... Mo. 316, 16 SW 886; State vs Arrowood, 11 S.W.2d 1015; State ... vs Parnell, 206 Mo. 723, 105 SW 742; State vs Truedell, 192 ... SW 404 ... ...
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Guaranty Savings & Loan Ass'n v. City of Springfield, 5763.
...show an exception saved to the overruling of a motion for a new trial that the errors therein are not preserved for review. State v. Harvey, 105 Mo. 316, 16 S.W. 886; State v. Arrowood, Mo.Sup., 11 S.W.2d 1015; State v. Parnell, 206 Mo. 723, 105 S.W. 742; State v. Truedell, Mo.Sup., 192 S.W......
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The State v. Terry
... ... attention of the trial court in a motion for new trial, or ... they will not be noticed here." [State v ... Noeninger, 108 Mo. 166, 18 S.W. 990; State v ... Reed, 89 Mo. 168, 1 S.W. 225; State v ... Mitchell, 98 Mo. 657, 12 S.W. 379; State v ... Harvey, 105 Mo. 316, 16 S.W. 886; State v ... Alred, 115 Mo. 471, 22 S.W. 363.] ... Defendant ... offered to prove by witness Finley that deceased stated to ... him after he was shot, in effect, that defendant was not to ... blame for the difficulty, and that [172 Mo. 219] if he ... ...