¶1Defendant was tried in the criminal court of Greene county on change of venue from Taney county, for a felonious assault, and was by a jury found guilty and sentenced to imprisonment in the penitentiary for a term of five years. He has appealed to this court, and urges various alleged errors for which the judgment of the trial court should be reversed. The errors alleged, however, appear only in what purports to be a bill of *368exceptions filed in vacation of tbe court, and the record nowhere shows that the time to file this bill of exceptions was extended by the order of the court or that it was filed by the order of the court, and no error of the record proper being assigned and none being found, upon the authority of the cases of State v. Hill, 98 Mo. 570, and State v. Broderick, 79 Mo. 622, the judgment is affirmed.
103 Mo. 367
State v. Berry
Decided October 15, 1890
Supreme Court of Missouri · decided 1890-10-15
— Hon. M. Oliver, Judge. The record shows that the bill of exceptions was not filed “ during the term of the court,” but in vacation, and there is no order entered of record allowing time to defendant to file such bill; it was, therefore, not filed in time and cannot be considered. R. S. 1889, sec. 2168; State v. Hill, 98 Mo. 570.
Relies on State v. Owens · State v. Hill
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1890-10-15
How this case has been cited
Cited by 8 later decisions — most recently May 1910
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →