| Mo. | May 17, 1898

Sherwood, J.

Seduction the charge, three months in the county jail and a fine of $100 the punishment.

Section 2304, Revised Statutes 1889, so far as necessary to quote it, is as follows: “But it shall not be necessary for the review of the action of any lower court on appeal or writ of error, that the motion for a new trial, in arrest of judgment, or instructions filed in the lower court shall be copied- or set forth in the bill of exceptions filed in the lower court, provided the bill of exceptions so filed contains a direction to the *119clerk to copy the same, and the same are so copied into the record sent up to the appellate court.”

In this case the motion for a new trial has not been embodied in the bill of exceptions, nor does that bill contain a direction to the clerk to copy such motion. Consequently we can not notice the motion although it appears in the transcript. State v. Griffin, 98 Mo. 672" court="Mo." date_filed="1889-10-15" href="https://app.midpage.ai/document/state-v-griffin-8009640?utm_source=webapp" opinion_id="8009640">98 Mo. 672. No error appearing in the record proper,' judgment affirmed.

All concur.
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