The State v. Chain

• Decision Date: 21 May 1895
• Citation: 31 S.W. 20,128 Mo. 361
• Parties: The State v. Chain, Appellant
• Court: Missouri Supreme Court

31 S.W. 20

128 Mo. 361

The State v. Chain, Appellant

Supreme Court of Missouri, Second Division

May 21, 1895

Appeal from Greene Criminal Court. -- Hon. J. J. Gideon, Judge.

Affirmed.

W. G. Robertson and Cloud & Davis for appellant.

R. F. Walker, Attorney General, and Morton Jourdan, Assistant Attorney General, for the state.

The bill of exceptions in this case can not be considered, for the reason that it was not filed within the time allowed by the court, but some five days after that time had expired.

OPINION

Sherwood, J.

Two years in the penitentiary, was the term allotted to William Chain for an assault with intent to ravish made on one Amelia A. Crawford in Lawrence county, from which county, by change of venue, the cause went to the county of Greene.

The sixty days granted by the order of the court on August 1, 1894, in which defendant could file his bill of exceptions, expired September 30, 1894, consequently, an order made October 5, of that year, by the judge in vacation, extending the time to November 1, next thereafter, was null. For this reason, no other error appearing, judgment is affirmed. All concur.