State v. Fly

Supreme Court of Missouri

State v. Fly

217 S.W.2d 385, 358 Mo. 838, 1949 Mo. LEXIS 535

CourtSupreme Court of Missouri

DecidedFebruary 14, 1949

DocketNo. 41166.

StatusPublished

This text of 217 S.W.2d 385 (State v. Fly) 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.

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State v. Fly, 217 S.W.2d 385, 358 Mo. 838, 1949 Mo. LEXIS 535 (Mo. 1949).

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Opinion

[385]

ELLISON, J.

After one continuance and the refusal of another, the appellant was convicted by a jury of the felony of rape upon the body of a female child under the age of sixteen years, in violation of Sec. 4393, R. S. 1939, Mo. R. S. A. in the circuit court of Stone County, his punishment being assessed at imprisonment in the *839 penitentiary for a term of two years. IT is motion for new trial filed under See,. 4125 was overruled, and he was granted allocution under See’s 4102 and 4103. Thereafter, on the same day February 2, 1948, he appealed to this court, but has failed to perfect his appeal and file a bill of exceptions, as required by Laws Mo. 1941, p. 342, Sec. 4151, Mo. R. S. A.

Nevertheless, it is our duty to search the record proper for error, under Sec. 4150, R. S. 1939, Mo. R. S. A. We find the same to be in due form. In addition to the facts shown in the preceding paragraph, it should be stated that the information follows precedents, State v. Turmbull (Mo. Div. 2) 182 SW. (2d) 524(1). Likewise, while the jury’s verdict merely found the appellant “guilty as charged in the information” without specifying the crime of rape, that was sufficient under State v. Meininger (Mo. Div. 2) 290 SW. 1007, 1009(6); State v. Elvins, 101 Mo. 243, 246(6), 13 SW. 937, 938(4, 5).

Finding no error in the record proper, the judgment of conviction is affirmed.

All concur.

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[385]

ELLISON, J.

After one continuance and the refusal of another, the appellant was convicted by a jury of the felony of rape upon the body of a female child under the age of sixteen years, in violation of Sec. 4393, R. S. 1939, Mo. R. S. A. in the circuit court of Stone County, his punishment being assessed at imprisonment in the *839 penitentiary for a term of two years. IT is motion for new trial filed under See,. 4125 was overruled, and he was granted allocution under See’s 4102 and 4103. Thereafter, on the same day February 2, 1948, he appealed to this court, but has failed to perfect his appeal and file a bill of exceptions, as required by Laws Mo. 1941, p. 342, Sec. 4151, Mo. R. S. A.

Nevertheless, it is our duty to search the record proper for error, under Sec. 4150, R. S. 1939, Mo. R. S. A. We find the same to be in due form. In addition to the facts shown in the preceding paragraph, it should be stated that the information follows precedents, State v. Turmbull (Mo. Div. 2) 182 SW. (2d) 524(1). Likewise, while the jury’s verdict merely found the appellant “guilty as charged in the information” without specifying the crime of rape, that was sufficient under State v. Meininger (Mo. Div. 2) 290 SW. 1007, 1009(6); State v. Elvins, 101 Mo. 243, 246(6), 13 SW. 937, 938(4, 5).

Finding no error in the record proper, the judgment of conviction is affirmed.

All concur.

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217 S.W.2d 385, 358 Mo. 838, 1949 Mo. LEXIS 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fly-mo-1949.

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