102 Mo. 305 | Mo. | 1890
— The defendant, indicted for seducing and debauching Alfonza Snipes, was tried before a special judge, convicted, and his punishment assessed at imprisonment in the penitentiary for the term of three years. Prom the judgment and sentence in this case, he appeals to this court.
At the threshold of the merits of this cause, objection is made that the bill of exceptions is not signed by the trial j udge, who refused to sign the same, giving his reasons therefor, in compliance with the statute, that the bill was untrue in certain particulars, etc. Bills of exceptions are procured in the same way, whether the cause be civil or criminal. R. S. 1889, secs. 4221, 2168, 2169, et seq.
Where the judge refuses to sign the bill, then it may be signed by three bystanders, respectable inhabitants of the state. Sec. 2170. When the judge refuses
I. A “bystander” is “one who stands near; one who has no concern with the business transacting. ” Webster’s Diet. But one of those who signed the bill in question was John S. Haymes, one of the defendant’s attorneys. It is the primary rule for the construction of all statutes of this state that “ words and phrases shall be taken in their plain or ordinary and usual sense.” R. S. 1889, sec. 6570. This statutory rule is but a declaration of the general rule on the subject. The object of the statute in requiring the refused bill to be signed by three bystanders, respectable inhabitants, etc., was, doubtless, to obtain to such a bill the signatures of disinterested spectators, and not those whose interests are at war with such an attitude of indifference. Adopting the recognized and usual meaning of the word “bystanders,” it must be ruled that the bill in the case at bar was not signed as required by law, and, therefore, cannot be considered.
SEPARATE OPINION.
— By concurring in the foregoing opinion it is not intended by me to imply any approval of the practice of bystanders making a bill of exceptions, for the circuit court, to become part of the record on appeal in any case, in view of the language of our fundamental laiv which vests the judicial power of the state in the courts, except as in the constitution itself otherwise provided. Const. 1875, art. 6, sec. 1, and art. 3.
As the conclusion announced on the present appeal discards the bystanders’ so-called bill, it is unnecessary at this time to say more on this point.