State v. Apperson

Decided May 2, 1893

Supreme Court of Missouri · decided 1893-05-02

<p>Practice: filing bill of exceptions: extension of time. The trial court or judge cannot, in vacation, after the expiration of the time granted for filing a hill of exceptions, extend such time.</p>

Relies on State v. Scott

Good law ✅— No negative treatment on recordhow we know

Aeeiemed · Decided 1893-05-02

How this case has been cited

Cited by 20 later decisions — most recently December 1915

20 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.

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Sheewood, J.

¶1Prosecuted for an assault with intent to kill one D. P. Moore by shooting him with a pistol, the defendant was tried, convicted and sentenced to two years’ imprisonment in the penitentiary, and he appeals to this court.

¶2Among the proceedings subsequent to the trial was • an order of the court made May 27, 1891, granting the defendant ninety days from that date in which to file his bill of exceptions.

¶3On the third of October next thereafter, in vacation, the judge of the circuit court extended the time until the fifth of that month for filing the bill; and the bill was accordingly filed on October 3rd. This so-called extension was without authority of law, and there is therefore no bill of exceptions preserved. State v. Scott, 113 Mo. 559.

¶4Since there is no bill of exceptions and no error in the record proper, we affirm the judgment.

All concur.