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160 Mo. 468

State v. Hicks

Supreme Court of Missouri

Decided February 26, 1901

Supreme Court of Missouri · decided 1901-02-26

<p>Indictment: appeal: no bill of exceptions. Where an appeal has been taken from an order sustaining a motion to quash an indictment, but no bill of exceptions is filed, the appeal will be dismissed.</p>

Cited by 3 later decisions — most recently February 1911

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Appear dismissed · Decided 1901-02-26

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SHERWOOD, P. J.

¶1There are no statements or briefs, etc., on either side in this case.

¶2The indictment, supposedly framed under section 1892, Revised Statutes 1899, held bad, and quashed on motion of defendant. State appeals, but there is no bill of exceptions, and so the motion to quash has not been preserved. The only repository known to the law for preserving matters of exception, is by a bill for that purpose. [State v. Wear, 145 Mo. loc. cit. 204, 205, and cas. cit.]

¶3Therefore, appeal dismissed.

All concur.
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