State v. Steen
Decision Date | 02 May 1893 |
Citation | 22 S.W. 461,115 Mo. 474 |
Parties | STATE v. STEEN. |
Court | Missouri Supreme Court |
Appeal from circuit court, Polk county; A. A. Underwood, Special Judge.
John Steen was convicted of an attempt to poison, and appeals. Affirmed.
B. J. Emerson, for appellant. The Attorney General, for the State.
At the March term, 1888, of the circuit court of Webster county, an indictment was preferred by the grand jury against defendant, which, omitting the formal parts, is as follows: The cause was continued from term to term until the March term, 1891, when defendant prayed and was granted a change of venue from the Webster circuit court, and said cause was sent to the criminal court of Greene county. At the November term, 1891, of the criminal court of Greene county, this cause was stricken from the docket "for want of jurisdiction," and the papers returned to the circuit clerk of Webster county. At the March term, 1892, of the Webster circuit court, the petition and affidavit heretofore filed by defendant, praying for a change of venue, was granted, with the order that the venue be changed to the circuit court of Polk county. At the April term, 1892, of the Polk circuit court, defendant filed his motion, asking to be discharged, which was overruled. At the same term, defendant filed his affidavit for change of venue from the regular judge of said court, and asked the election of a special judge, whereupon A. A. Underwood was duly and regularly elected, and took the oath of office. Defendant filed his motion, asking to be discharged, which was overruled. He then filed his written application for a continuance, which was also overruled. Upon the trial of said cause the demurrer of defendant to the evidence under the first count of the indictment was sustained, and defendant was convicted on the second count, and his punishment assessed at imprisonment in the penitentiary for a term of two years. After unsuccessful motions for new trial and in arrest, defendant appealed. None of the testimony adduced at the trial of this cause has been preserved in the bill of exceptions. No brief has been filed by defendant.
1. There are 12 causes assigned by defendant, in his motion for a new trial, why the verdict of the jury should have been set aside, and a new trial awarded him. Several of these are in regard to the action of the court as to the introduction, admission, and exclusion of evidence, the overruling defendant's motion for a continuance, and remarks of the prosecuting attorney during the argument before the jury; but they cannot be considered by this court, since the evidence and the remarks of the prosecuting attorney are not preserved in the bill of exceptions. "Under the well-settled practice and rule of this court, the evidence, the motion for new trial and in...
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