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69 Mo. App. 441

State v. Russell

Missouri Court of Appeals

Decided February 23, 1897

Missouri Court of Appeals · decided 1897-02-23

— Hon. C. C. Bland, Judge. The words of the statute must be construed so as to give them effect if possible. Neemcm v. Smith, 50 Mo. 525; State v. Dieeling, 66 Id. 375;'Cooley’s Const. Lim. [4 Ed.] 223; Bish. Stat. Crimes [2 Ed.], 80, 82.

Relies on State v. Henderson

Aeeibmed · Decided 1897-02-23

Bond, J.

¶1The defendant was indicted for gambling. He filed a motion to quash, which was sustained. The state appealed. No bill of exceptions was taken.

¶2*442A motion to quash an indictment is not part of the record proper, hence it is not preserved' for review, in the absence of a bill of exceptions. State v. Flora, 109 Mo. 292.

¶3The judgment herein is affirmed.

Judge Biggs concurs. Judge Bland not sitting.
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