State v. Williams

Decided November 9, 1897

Supreme Court of Missouri · decided 1897-11-09

Louis City Circuit Court. — Hon. James E. Withrow, Judge. Defendant failed to file his bill of exceptions in time. We have nothing save the record proper before us subject to examination. The instructions appear to have been preserved, but this court will not take them under consideration when not accompanied by the evidence. The indictment charges grand larceny in the usual manner approved by this court, and it is therefore free from attack.

Cited by 1 later decisions — most recently October 1941

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Aeeirmed · Decided 1897-11-09

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Sherwood, J.

¶1— Five years in the penitentiary was the term awarded to defendant for grand larceny by the jui’y that tried him. There is no bill of exceptions here, and there is nothing preserved, although the instructions have been copied into the transcript. Such matters can only be preserved by and in a bill of exceptions, and even if the instructions had been properly preserved, we could not notice them unless the evidence had also been preserved. The clerk should not have copied the instructions into the transcript.

¶2No error being found in the record, judgment affirmed.

All concur.