State v. Wilhoit

• Decision Date: 16 February 1898
• Citation: 142 Mo. 619,44 S.W. 718
• Parties: STATE v. WILHOIT.
• Court: Missouri Supreme Court

44 S.W. 718

142 Mo. 619

STATE v. WILHOIT.

Supreme Court of Missouri, Division No. 2.

February 16, 1898.

CRIMINAL LAW — APPEAL — INSUFFICIENT RECORD — REVIEW.

1. An appeal from a judgment quashing an indictment cannot be considered when the motion is not made part of the record.

2. Where no bill of exceptions was taken, copying the motion to quash in the transcript will not make it part of the record, so as to enable the appellate court to review the judgment therein.

Appeal from criminal court, Greene county; J. J. Gideon, Judge.

From a judgment quashing an indictment against S. E. Wilhoit, the state appeals. Affirmed.

Edward C. Crow, Atty. Gen., and Sam B. Jeffries, Asst. Atty. Gen., for the State. T. J. Delaney and W. D. Tatlow, for respondent.

GANTT, P. J.

This is an appeal by the state from a judgment of the circuit court of Greene county quashing an indictment on the motion of the defendant. No bill of exceptions was taken by the prosecuting attorney, or signed by the judge; and the said motion has not, therefore, been made a part of the record. The copying of the motion to quash in his transcript to this court by the clerk did not make it a part of the record. State v. Fraker, 137 Mo. 258, 38 S. W. 909. It follows that the judgment must be, and is, affirmed.

SHERWOOD and BURGESS, JJ., concur.