Opinion
No. 7046.
March 24, 1952.
APPEAL FROM THE CIRCUIT COURT, DIVISION NO. 2, GREENE COUNTY, WARREN L. WHITE, J.
Charles A. Moon, Springfield, for appellant.
Milton Kirby, Springfield, for respondent.
The appellant appeals from a conviction of contributing to the delinquency of a minor under the age of fifteen years under Section 559.360 RSMo 1949, V.A.M.S. The jury being unable to agree on the punishment to be assessed, the court fixed the punishment at a fine of $100 and three months in the Greene County jail.
The appellant has not filed a bill of exceptions and, therefore, only the record proper is before us for review. State v. Birkner, Mo.Sup., 229 S.W.2d 674; State v. Roberts, Mo.Sup., 232 S.W.2d 975.
The information charged, "that Opal Burk Bolts, late of the county and state aforesaid, on Feb. 21, 1951 to March 5, 1951 at the County of Greene and State of Missouri, did then and there wilfully and unlawfully do and perform acts causing, encouraging and contributing to the delinquency of Clara Rogers, a minor of the age of fifteen years, by soliciting, encouraging and advising said Clara Rogers to associate with immoral persons and by encouraging her to patronize places where intoxicating liquors were sold and encouraging "and supplying and furnishing her with intoxicating liquors to drink, and by encouraging and advising the said minor Clara Rogers to remain away from her parents and be absent from her school,
"Contrary to the form of the statute in such cases made and provided and against the peace and dignity of the State."
This information contains every necessary element required under Section 559.360 RSMo 1949, V.A.M.S. to support the charge of contributing to the delinquency of a minor child. State v. Johnson, Mo.App., 145 S.W.2d 468.
The jury returned the following verdict: "We, the Jury, find the defendant, Opal Bolte, guilty as charged in the information and we are unable to agree on punishment to be assessed. * * * and the Jury being unable to agree on the punishment to be assessed, the Court fixes punishment at a fine of One Hundred ($100.00) Dollars and Three (3) Months in the Greene County Jail, and it is ordered by the Court that sentence be deferred until June 2, 1951, at 9 o'clock A. M., and the jury herein discharged from further service in this case."
On June 9, 1951, the court pronounced sentence as follows:
"And being now asked by the Court if she has any legal cause to show why judgment shall not be pronounced against her according to law, and said defendant still failing to show cause, it is therefore considered adjudged, sentenced and ordered by the Court, that the defendant Opal Burk Bolte having been found guilty as aforesaid, be sentenced to pay a fine of One Hundred ($100.00) Dollars and be imprisoned in the County Jail for a period of Three (3) months from the 9th day of June, 1951, * * *"
The judgment and sentence of the court is according to law. There being no error shown by the record proper, the judgment of the trial court is affirmed.
VANDEVENTER, P. J., and BLAIR, J., concur.