Opinion
No. 42337.
October 8, 1951.
APPEAL FROM THE CIRCUIT COURT OF JEFFERSON COUNTY, EDWARD T. EVERSOLE, J.
Emanuel Williams, St. Louis, for appellant.
J. E. Taylor, Atty. Gen., Paul N. Chitwood, Asst. Atty. Gen., for respondent.
Lowell Allen Steward appeals from a judgment imposing a sentence of life imprisonment for murder in the first degree.
Appellant has presented only the record proper for our review. This is not a capital case or a case where an order staying the proceedings was entered, and the duty devolved upon the defendant to see that a proper transcript was transmitted to and filed in this court. State v. Mahurin, Mo.Sup., 240 S.W.2d 110, and cases there cited.
The record proper discloses that appellant was charged by information duly filed with the murder of Richard Evans on August 22, 1948, in Jefferson County, Missouri; that he pleaded not guilty; that he was put on trial in Jefferson County, Missouri; that he was present and represented by counsel at the trial; that the jury was impaneled and sworn, and returned a verdict of guilty of murder in the first degree, assessing appellant's punishment at life imprisonment; that appellant's motion for new trial was overruled; that he was accorded allocution; and that judgment was entered in accordance with the verdict. These entries appear regular and are sufficient.
The judgment is affirmed.
WESTHUES and BARRETT, CC., concur.
The foregoing opinion by BOHLING, C., is adopted as the opinion of the court.
All concur.