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186 Mo. 88

State v. Carnell

Supreme Court of Missouri

Decided January 31, 1905

Supreme Court of Missouri · decided 1905-01-31

<p>NO BILL OF EXCEPTIONS. Where defendant files no bill of exceptions, there is nothing before the appellate court except the-record proper, and if that is free from error, the judgment will be affirmed.</p>

Aeeibmed · Decided 1905-01-31

BURGESS, P. J.

¶1— “At the May term, 1903, of the circuit court of Dunklin .county the prosecuting-attorney filed an information against the defendant charging him with feloniously assaulting one F. M. Fletcher. Defendant was afterwards arraigned and entered a plea of not guilty. Trial was had on the seventh day of May, 1903, in which the defendant was convicted by the jury and his punishment fixed at two-years ’ imprisonment in the penitentiary.”

¶2*89Motions for a new trial and in arrest of judgment were filed and overruled. After this, defendant was sentenced according to law. He filed an affidavit for an appeal to this court.

¶3No bill of exceptions has been filed in this case. The information is in proper form and the record free from error. The judgment is therefore affirmed.

All concur.
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