State v. Truedell

• Decision Date: 02 February 1917
• Docket Number: No. 19992.,19992.
• Citation: 192 S.W. 404
• Parties: STATE v. TRUEDELL.
• Court: Missouri Supreme Court

192 S.W. 404

STATE v. TRUEDELL.

No. 19992.

Supreme Court of Missouri, Division No. 2.

February 2, 1917.

Appeal from Criminal Court, Buchanan County; Thomas F. Ryan, Judge.

Charles Truedell was convicted of robbery in the first degree, and he appeals. Affirmed.

Merritt & Reese, of St. Joseph, for appellant. John T. Barker, Atty. Gen., and Shrader P. Howell, Asst. Atty. Gen., for the State.

WHITE, C.

The appellant at the January term, 1916, of the criminal court of Buchanan county was convicted of robbery in the first degree, and his punishment assessed at 25 years in the penitentiary. After the overruling of his motion for a new trial and in arrest, he duly perfected his appeal to this court.

An examination of the bill of exceptions shows that no exception was taken to the action of the trial court in overruling the motion for a new trial. The fact that such exception is mentioned in the order in the record proper overruling the motion is not sufficient to save the point. The rulings complained of, therefore, and contained in the bill of exceptions, cannot be reviewed on this appeal. State v. McGauley, 247 Mo. 670, 153 S. W. 1055. Only the record proper is here for review.

Objection is presented by the motion in arrest to the amended information upon which the appellant was tried. It is in form and substance all that is required by the statute. No error appears elsewhere in the record proper.

The judgment is affirmed.

ROY, C., concurs.

PER CURIAM.

The foregoing opinion of WHITE, C., is adopted as the opinion of the court. All concur.