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219 Mo. 720

State v. Roberts

Supreme Court of Missouri

Decided May 18, 1909

Supreme Court of Missouri · decided 1909-05-18

— Hon. L. B. Wood-side, Judge. Where no bill of exceptions is filed and the record proper is free from error, the judgment will be affirmed. State v. Miller, 209 Mo. 389; State v. Brown, 206 Mo. 718. The information charges with certainty and particularly all essential facts and elements, and fully informs defendant of the exact nature and cause of the accusation against him. State v. Layeock, 141 Mo. 279; State v. Harrin, 209 Mo. 435.

ARFIRMUD · Decided 1909-05-18

GANTT, P. J. —

¶1This is an appeal from a judgment of the circnt court of Texas county, imposing a fine of two hundred and fifty dollars opon the defendant for an assault with intent to do great bodily harm upon one Otto Berry.

¶2The information charged an assault with malice aforethought with intent to kill and murder. The defendant was duly arraigned and pleaded not guilty. He was tried and convicted by the jury at the May term, 1907. No motion for a new trial or in arrest of judgment was filed and no bill of exceptions.

¶3The information is in all respects sufficient and all the steps, leading up to, and including the trial, return of verdict and sentence of the court are in due and regular form.

¶4The judgment is affirmed.

Burgess and Fox, JJ., concur.
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