Opinion
No. 43507.
May 11, 1953.
APPEAL FROM THE CIRCUIT COURT OF THE CITY OF ST. LOUIS, DIVISION 12, WILLIAM B. FLYNN, J.
Joseph Noskay, St. Louis, for appellant.
John M. Dalton, Atty. Gen., Grover C. Huston, Asst. Atty. Gen., for respondent.
A jury has found that the appellant, Charles Henry Redd, had carnal knowledge of a child nine years of age and fixed his punishment for the offense at twenty-five years' imprisonment. V.A.M.S., Section 559.260. He was represented by counsel who filed demurrers at the close of the state's case and at the close of all the evidence. After the jury verdict he was given thirty days in which to file a motion for a new trial. The motion was filed and overruled, the appellant and his counsel were before the court, V.A.M.S., Section 546.560, the appellant was informed of the jury's verdict and showing no legal cause why judgment should not be pronounced against him, V.A.M.S., Sections 546.570, 546.580, the court pronounced judgment which was duly entered, V.A.M.S., Section 546.590, and the appellant filed a timely notice of appeal to this court. Supreme Court Rules of Criminal Procedure, rule 28.03; V.A.M.S., Sections 547.070- 547.090.
Although the appellant has filed a notice of appeal and has been granted leave by this court to prosecute his appeal as a poor person he has not sought to have prepared or filed a complete transcript of the testimony and proceedings upon his trial. Supreme Court Rules 28.08, 1.31, 1.34; V.A.M.S., Sections 546.370, 547.110 547.120. The consequences is that the record and transcript, certified by the clerk of the court, consists of the information, the minutes of the court showing every step in the proceeding from the appellant's arraignment, the impaneling of the jury, the plea of not guilty, the daily proceedings, the verdict of the jury, the filing of the motion for a new trial and its being overruled, allocation, to the sentence and judgment, and our review is necessarily limited to the proceedings so certified here by the clerk of the trial court. V.A.M.S., Section 547.270; State v. Fly, 358 Mo. 838, 217 S.W.2d 385; State v. Crawford, Mo.Sup., 251 S.W.2d 76; State v. Foster, Mo.Sup., 251 S.W.2d 675; State v. Vinson, 337 Mo. 1023, 87 S.W.2d 637.
That part of the information which charges the offense states that "Charles Henry Redd, alias Chuck Redd on the 9th day of June in the year of our Lord one thousand nine hundred and fifty-one at the City of St. Louis aforesaid in and upon one Margaret * * * a female child under the age of sixteen years, to-wit, of the age of nine years, unlawfully and feloniously did make an assault, and her, the said Margaret * * * then and there unlawfully and feloniously did carnally know and abuse; * * *." The information is in the language of the statute defining the offense, V.A.M.S., Section 559.260, and is proper in both form and substance. State v. Trumbull, Mo.Sup., 182 S.W.2d 524; State v. Nichols, Mo.Sup., 165 S.W.2d 674; State v. Hutchens, 309 Mo. 103, 271 S.W. 525.
The verdict of the jury is as follows: "We, the jury in the above entitled cause, find the defendant guilty of Rape (Statutory) and assess the punishment at twenty-five years in the State Penitentiary. Roger N. Hopkins, Foreman." The verdict designates the offense, which has come to be known as "statutory rape", State v. Nichols, supra, it prescribes a punishment authorized by the statute and is proper in form. State v. Long, 341 Mo. 766, 771, 108 S.W.2d 388, 391.
As indicated, the appellant was represented by counsel throughout the trial, there was allocation, a proper sentence and judgment and there are no prejudicial errors apparent upon the record before this court. State v. Crawford, supra; State v. Crader, Mo.Sup., 225 S.W.2d 353; State v. Barr, 326 Mo. 1095,
34 S.W.2d 477; State v. Fly, supra. Accordingly the judgment is affirmed.
WESTHUES and BOHLING, CC., concur.
The foregoing opinion by BARRETT, C., is adopted as the opinion of the Court.
All concur.