State v. Pharis

Decided February 1, 1898

Supreme Court of Missouri · decided 1898-02-01

— Hon. William Page, Special Judge. (1) Defendants failed to perfect and file their bill of exceptions in this case. We therefore have nothing before us except the record proper. (2) The indictment is drawn in the language of the.statutes as near as practicable and is sufficient. It is based upon section 3489 and contains all the essential allegations therein required. State v. Chumley, 67 Mo. 41; State v. Clayton, 100 Mo. 520; State v. Prosser, 137 Mo. 624.

Cited by 1 later decisions — most recently December 1903

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1898-02-01

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Burgess, J.

¶1The defendants were indicted in the circuit court of Bates county for felonious assault upon one A. S. Milhorn, the indictment charging the assault to have been committed by Charles E. Pharis with a large scale weight, of the weight of two pounds, which was then and there a deadly weapon,, and that his codefendant Thomas H. Pharis was then and there present aiding and abetting in said assault. Defendants were found guilty by a jury, and their punishment fixed at a fine of $100 each.

¶2After unsuccessful motions for a new trial and in arrest of judgment, defendants appealed.

¶3No bill of exceptions was filed in this cause. The defendants are not represented in this court. There being no error apparent of record, we can but affirm the judgment. It is so ordered.

Gantt, P. J., and Shebwood, J., concur.