Volume 295 — Missouri Reports

Prohibition. (1) The committeemen elected are public officers. State ex rel. Ponath v. Hamilton, 240 S. W. 440. (2) Obedience of the orders as contained in said subpoenas would mean a violation of the provisions of Section 3, Article 8, of the Constitution.

<p>1. BILL OF EXCEPTIONS: Not Made Part of Eecord. Where the transcript of the record entries concludes with an order reciting the filing of a bill of exceptions, and that recital is followed by the authentication by the clerk in which he certifies “the foregoing to be a complete transcript of the files and orders of record in the above entitled cause,” a document attached to said transcript, purporting to be a bill of exceptions and approved by pie trial judge, cannot be considered on appeal. A bill of exceptions, when properly signed and filed, forms a part of the record, and it is not sufficient to simply attach it to the transcript of record entries, without certification, but to be considered as such it must be authenticated and identified as a part of the record.</p> <p>2. -: Appellate Jurisdiction. Where defendant was convicted of the misdemeanor of unlawfully having intoxicating liquor in his possession and no constitutional question arises upon the record proper,- and his purported bill of exceptions cannot be considered because not made a part of the record, the Supreme Court has no . jurisdiction of his appeal, and the cause must therefore be transferred to the proper court of appeals.</p>