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174 Mo. 670

State v. Elliott

Supreme Court of Missouri

Decided May 19, 1903

Supreme Court of Missouri · decided 1903-05-19

— Hon. B. J. Casteel, Judge. (1)' There is nothing before the court save the record proper, no bill of exceptions having been filed. (2) The indictment is in the form usually employed in such cases. It is based upon the provisions of section 1848, Revised Statutes 1899. Should the felonious intent have been accomplished, appellant would have subjected himself to the provisions of section 1837, Revised Statutes 1899. Kelley’s Criminal Law, sec. 545.

Affirmed · Decided 1903-05-19

BURGESS, J.

¶1Defendant was convicted in the criminal court of Buchanan county of an assault with intent to rape one Laura B. Colley, a female thirty-five years of age, and his punishment fixed at a fine of two hundred dollars. He appeals.

¶2No bill of exceptions was filed in the'case, so that there is nothing before us for review save the record proper, and in that we find no error.

¶3The judgment is affirmed.

All of this Division concur.
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