
    State of Missouri, Respondent, v. Patrick Macklin, Appellant.
    1. Practice, Civil — Supreme Court — Judgment affirmed, when. — "Where respondent presents to the Supreme Court a transcript of the record, and it appears therefrom that the appeal was taken more than thirty days "before the commencement of the term, and no steps have been taken to prosecute the appeal, the judgment of the lower court will, on motion, be affirmed.
    
      Jippeal from St. Louis Court of Criminal Correction.
    
    
      W. C. Huffman, for appellant.
    
      J. P. Colcord, for respondent.
   Wagner, Judge,

delivered tbe opinion of tbe court.

Tbe respondent now comes and presents to this court a transcript of tbe record, and asks for an affirmance of tbe judgment rendered in this cause. It appears that tbe appeal was taken on tbe 24tb day of May, 1869, and no steps have been pursued to prosecute it by tbe appellant. Tbe motion will therefore be sustained and tbe judgment affirmed.

Affirmed.

Tbe other judges concur.  