State v. Berry

Supreme Court of Missouri

State v. Berry

105 S.W. 598, 206 Mo. 648, 1907 Mo. LEXIS 178

DecidedNovember 19, 1907

StatusPublished

This text of 105 S.W. 598 (State v. Berry) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Berry, 105 S.W. 598, 206 Mo. 648, 1907 Mo. LEXIS 178 (Mo. 1907).

Pincite

Opinion

GANTT, J.

At the February term, 1905, of the Camden Circuit Court, the prosecuting attorney of said county filed his information, duly verified, wherein he charged the defendant, Berry, with having, on the 22d day of October, 1904, wilfully, feloniously, deliberately, premeditatedly and of his malice aforethought killed and murdered David A. Eidson by shooting him with a revolver. Defendant was duly arraigned1 and pleaded not guilty, and at the October term, 1905, was put upon his trial and found guilty of murder in the second degree and sentenced to the penitentiary for ten years. From that sentence he perfected! an appeal to this [649]*649court, but filed no bill of exceptions. As we have nothing but the record proper before us for review, we have considered the information, arraignment, empanneling of the jury, the return of the verdict and the sentence of the court, and find no reversible error therein, and it follows that the judgment must be and is affirmed.

Fox, P. J., and Burgess, J., concur.

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GANTT, J.

At the February term, 1905, of the Camden Circuit Court, the prosecuting attorney of said county filed his information, duly verified, wherein he charged the defendant, Berry, with having, on the 22d day of October, 1904, wilfully, feloniously, deliberately, premeditatedly and of his malice aforethought killed and murdered David A. Eidson by shooting him with a revolver. Defendant was duly arraigned1 and pleaded not guilty, and at the October term, 1905, was put upon his trial and found guilty of murder in the second degree and sentenced to the penitentiary for ten years. From that sentence he perfected! an appeal to this [649]*649court, but filed no bill of exceptions. As we have nothing but the record proper before us for review, we have considered the information, arraignment, empanneling of the jury, the return of the verdict and the sentence of the court, and find no reversible error therein, and it follows that the judgment must be and is affirmed.

Fox, P. J., and Burgess, J., concur.

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Bluebook (online)

105 S.W. 598, 206 Mo. 648, 1907 Mo. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-berry-mo-1907.