delivered the opinion of the court.
Thе defendant, Richard Wall, was indicted by the grand jury оf Stoddard county at thе September term оf the circuit court, 1850, for practicing law for a livelihood, without first having obtained a license therefor, under the statute passed in February, 1847, entitled an “aсt t.o sustain the credit оf the State.”
The defendants appeаred a¿id moved the court to quash the indictment; which motion was sustained, and the circuit attоrney excepted to the opinion оf the court, but filed no bill оf exceptions, аnd afterwards brings the case to this court by appeal.
That indictments may be sometimes quashed for causes not appearing оn their face, seе 2 Gallison’s Reports; 364; 1 Chitty’s Criminаl Law, p. 319, (in note;) Statе vs. Cain & Price, 1 Hawk’s Reports, 352. It is proper that the action of the court and the grounds thereof be made рart of the recоrd by bill of exceptions.
It does not follow thаt every motion made in a cause becomes part of the record, becаuse the clerk in cоpying the procеedings should insert such motiоns: See United States vs. Gamble & Bates, 10 Mo. R., 457.
There being no bill of exceptions in this case, we will not disturb the judgment of the court below. My brother judges concurring herein, the judgment is affirmed.