142 Mo. 619
Decided February 16, 1898
Supreme Court of Missouri · decided 1898-02-16
— Hon. J. J. Gideon, Judge. (1) On account of the prosecuting attorney’s failure to prepare the bill of exceptions this case must be affirmed without going into the merits or demerits in reference to the sufficiency of the indictment. State v. Fraher, 137 Mo. 258. (1) As the motion to quash is not preserved in the bill of exceptions, it can not be considered by the court.
Relies on State v. Fraker
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1898-02-16
Cited by 3 later decisions — most recently March 1925
3 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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¶1This is an appeal by the State from a judgment of the circuit court of Greene county quashing an indictment on the motion of the defendant.
¶2No bill of exceptions was táken by the prosecuting attorney or signed by the judge and the said motion has not therefore been made a part of the record. The copying of the motion to quash in his transcript to this court by the clerk did not make it a part of the record. State v. Fraker, 137 Mo. 258.
¶3It follows the judgment must be and is affirmed.