State v. Hicks

• Decision Date: 26 February 1901
• Parties: THE STATE, Appellant, v. B. W. HICKS, Alias WILLIAM REILY
• Court: Missouri Supreme Court

61 S.W. 193

160 Mo. 468

THE STATE, Appellant, v. B. W. HICKS, Alias WILLIAM REILY

Supreme Court of Missouri, Second Division

February 26, 1901

Appeal from Greene Criminal Court. -- Hon. C. B. McAfee, Judge.

Appeal dismissed.

Edward C. Crow, Attorney-General for the State.

G. D. Clark and J. H. Duncan for respondent.

OPINION

SHERWOOD, P. J.

There are no statements or briefs, etc., on either side in this case.

The indictment, supposedly framed under section 1892, Revised Statutes 1899, held bad, and quashed on motion of defendant. State appeals, but there is no bill of exceptions, and so the motion to quash has not been preserved. The only repository known to the law for preserving matters of exception, is by a bill for that purpose. [State v. Wear, 145 Mo. loc. cit. 162 at 204, 205, 46 S.W. 1099, and cas. cit.]

Therefore, appeal dismissed. All concur.