State v. Jones

• Decision Date: 13 November 1917
• Docket Number: No. 2008.,2008.
• Citation: 198 S.W. 421
• Parties: STATE v. JONES.
• Court: Missouri Court of Appeals

198 S.W. 421

STATE v. JONES.

No. 2008.

Springfield Court of Appeals. Missouri.

November 13, 1917.

Appeal from Circuit Court, Shannon County; E. P. Dorris, Judge.

James Jones was convicted of common assault, and he appeals. Affirmed.

BRADLEY, J.

On January 9, 1917, defendant was convicted by a jury in the circuit court upon the charge of common assault and his punishment fixed at a fine of $1. On January 10, 1917, he appealed to this court, all of which appears from a certified copy of the judgment and order granting the appeal, which were filed in this court on January 22, 1917.

The defendant, it appears, undertook to appeal to this court according to the provisions of section 2048, R. S. 1909, applicable to civil cases appealed in the manner generally known as the short form. An appeal in a criminal case cannot be brought to this court in this manner. Golden City v. Hall, 68 Mo. App. 627; State v. Faith, 180 Mo. App. 484, 166 S. W. 649. Appellant should have prosecuted his appeal under the provisions of sections 5308, 5309, according as the facts appeared.

On September 27, 1917, there was filed in this court what appears to be a certified copy of the bill of exceptions, together with a certified copy of the information; but there is nothing in the certified copy of the judgment and order granting the appeal, filed here on January 22, 1917 (if we consider such judgment and order as the record proper), to show that there was any motion for a new trial filed, or overruled, or that there was ever any bill of exceptions filed. This being the condition of the record, there is nothing before us but the judgment and order granting the appeal, which may be considered as the record proper as far as it goes. State v. George, 221 Mo. 522, 120 S. W. 35; State v. Scobee, 255 Mo. 270, 164 S. W. 199; Fleming v. Meals et al., 192 Mo. App. 38, 179 S. W. 744; Hill v. Butler County, 195 Mo. 511, 94 S. W. 518; Clark v. Clark, 191 Mo. App. 278, 177 S. W. 1078.

It is the duty of this court in a criminal case, where a transcript of the record has been filed, to examine the same for errors and render judgment thereon, regardless of whether statements, abstracts, or briefs are filed. Section 5312, R. S. 1909; State v. Faith, 180 Mo. App. 494, 166 S. W. 649; State v. Miles, 174 Mo. App. 181, 156 S. W. 758. Neither appellant nor respondent is represented here; but in accordance with our duty we have carefully examined all that there is of this case before this court,...