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196 Mo. 87

State v. Collins

Supreme Court of Missouri

Decided May 22, 1906

Supreme Court of Missouri · decided 1906-05-22

<p>BILL OF EXCEPTIONS: Not Signed. Where the purported bill of exceptions is not signed by the judge who tried the case, there is nothing before the appellate court but the record proper, and if that is free from error, the judgment will be affirmed.</p>

Cited by 2 later decisions — most recently April 1913

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1906-05-22

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BURGESS, P. J.

¶1On the third day of June, 1905, the prosecuting attorney of Howell county filed in the office of the clerk of the circuit court of said county an information, duly verified by him, charging the defendant with having, at said county, on the 28th day of June, 1905, feloniously assaulted and shot at,, with intent to kill, one P. W. Smith. Thereafter, on the 11th day of October, 1905, defendant was put upon trial, found guilty by a jury, and his punishment assessed at two years imprisonment in the penitentiary. Defendant appeals.

¶2What purports to be the bill of exceptions filed in this cause is not signed by the judge of the court before whom it was tried; hence, no matter of exception can be considered on this appeal.

¶3The information is in due form, and the record otherwise free from error.

¶4The judgment is affirmed.

All concur.
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