State v. McHenry
| Decision Date | 18 July 1916 |
| Docket Number | No. 19025.,19025. |
| Citation | 188 S.W. 187 |
| Parties | STATE v. McHENRY. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Scotland County.
Nate McHenry was convicted of crime, and appeals. Appeal dismissed.
Fogle & Campbell, of Memphis, for appellant. John T. Barker, Atty. Gen., for the State.
This appeal was taken by defendant on the 25th day of May, 1915. He has filed in this court what is commonly called in a civil case a "short-form" transcript, consisting of a certified copy of the judgment and of the order granting an appeal. We held it to be personally incumbent upon the accused when appellant in a criminal case (other than upon such convictions as automatically suspend execution) to fully perfect his appeal within one year after the granting thereof (State v. Pieski, 248 Mo. 715, 154 S. W. 747), by causing to be filed here a full transcript as provided by statute (section 5309, R. S. 1909). We held that the filing of a short-form transcript is neither contemplated by statute nor permitted to be done in a criminal case. State v. Short, 250 Mo. 331, 157 S. W. 306.
Since, therefore, owing to the failure of defendant to perfect his appeal herein, there is nothing before us upon which a review of this case can be had, we order that this appeal be dismissed.
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State v. Ross
...Sparks, 263 Mo. 609, 173 S.W. 1057; State v. Kaiser, 318 Mo. 523, 300 S.W. 716; State v. Hall, 312 Mo. 425, 279 S.W. 102, 109; State v. McHenry (Mo.), 188 S.W. 187.] Except in capital cases wherein the appeal operates as a stay of proceedings the duty rests upon the appellant to see that su......
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State v. Ross
...Sparks, 263 Mo. 609, 173 S.W. 1057; State v. Kaiser, 318 Mo. 523, 300 S.W. 716; State v. Hall, 312 Mo. 425, 279 S.W. 102, 109; State v. McHenry (Mo.), 188 S.W. 187.] [4] Except in capital cases wherein the appeal operates as a stay of proceedings the duty rests upon the appellant to see tha......
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State v. Chilton
... ... this court by what is generally designated the short form ... appeal under section 2048, Revised Statutes 1909, which is ... not wholly applicable to criminal cases. [State v ... Conners, 258 Mo. 330, 167 S.W. 429; State v ... McHenry, 188 S.W. 187; Golden City v. Hall, 68 ... Mo.App. 627; State v. Faith, 180 Mo.App. 484; 166 ... S.W. 649; State v. Jones, 198 S.W. 421.] Appellant ... was tried below on April 9, 1917, and on May 23d, there was ... filed in this court a certified copy of the proceedings an ... order granting ... ...
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State v. Chilton
...under section 2048, R. S. 1909, which is not wholly applicable to criminal cases. State v. Conners, 258 Mo. 330, 167 S. W. 429; State v. McHenry, 188 S. W. 187; Golden City v. Hall, 68 Mo. App. 627; State v. Faith, 180 Mo. App. 484, 166 S. W. 649; State v. Jones, 198 S. W. 421. Appellant wa......