State v. Henderson
| Decision Date | 28 March 1892 |
| Parties | STATE v. HENDERSON. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Callaway county; JOHN A. HOCKADAY, Judge.
James D. Henderson was indicted for withholding moneys in his hands as treasurer of Callaway county. A motion to quash the indictment was sustained, and the state appeals. Affirmed.
John M. Wood, Atty. Gen., and N. D. Thurmond, Pros. Atty., for the State. I. W. Boulware, Bailey & Tincher, and Snell & Taylor, for respondent.
The defendant was indicted by the grand jury of Callaway county for willfully failing to keep and render a true account of the fees received by him in his official capacity as clerk of the county court of said county, and for willfully failing to pay into the treasury of said county fees alleged to have been received by him as such clerk in excess of the compensation allowed him by law. The defendant filed his motion to quash the indictment, which being sustained, the state has brought the case here by appeal. The rule in this state is well settled that a motion to quash an indictment does not constitute a part of the record proper, and, the motion in this case not having been preserved by bill of exceptions, we cannot review the action of the court below in sustaining it. State v. Wall, 15 Mo. 208; State v. Gee, 79 Mo. 313; State v. Thruston, 83 Mo. 271; State v. Vincent, 91 Mo. 662, 4 S. W. Rep. 430. The judgment is accordingly affirmed. All concur.
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