State v. Spalding

Missouri Court of Appeals

State v. Spalding

115 S.W. 452, 134 Mo. App. 587, 1908 Mo. App. LEXIS 678

DecidedDecember 29, 1908

StatusPublished

This text of 115 S.W. 452 (State v. Spalding) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Spalding, 115 S.W. 452, 134 Mo. App. 587, 1908 Mo. App. LEXIS 678 (Mo. Ct. App. 1908).

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Opinion

GOODE, J.

This appeal was from a conviction for the illegal sale of whisky. The case is here on a long transcript, which contains what purports to be a bill of exceptions, but unsigned. It contains none of the instructions ¶ are asked to review, nor does it. show a motion for hew trial was overruled and an exception saved. Theso matters are stated in appellant’s abstract and statement, but the abstract would be controlled by the. record/and, moreover, it does not separate matters which belong to the record proper from those that ought to be incorporated in the bill of exceptions, so we cannot tell whether or not exceptions were saved when they should be and whether essential record entries are shown. The case is not in condition to be reviewed on; the merits of the appeal, and as we find no error in the record proper the judgment will be affirmed.

All concur.

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GOODE, J.

This appeal was from a conviction for the illegal sale of whisky. The case is here on a long transcript, which contains what purports to be a bill of exceptions, but unsigned. It contains none of the instructions ¶ are asked to review, nor does it. show a motion for hew trial was overruled and an exception saved. Theso matters are stated in appellant’s abstract and statement, but the abstract would be controlled by the. record/and, moreover, it does not separate matters which belong to the record proper from those that ought to be incorporated in the bill of exceptions, so we cannot tell whether or not exceptions were saved when they should be and whether essential record entries are shown. The case is not in condition to be reviewed on; the merits of the appeal, and as we find no error in the record proper the judgment will be affirmed.

All concur.

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Bluebook (online)

115 S.W. 452, 134 Mo. App. 587, 1908 Mo. App. LEXIS 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spalding-moctapp-1908.