
    The State v. Manuel et al., Appellants.
    
    Division Two,
    March 10, 1897.
    Appellate Practice: no bill op exceptions. If no bill of exceptions is filed on an appeal and no error appears in the record proper, the judgment of the circuit court will be affirmed.
    
      Appeal from Pulaslci Circuit Court. — Hon. C. C. Bland, Judge.
    Aeeiemed.
    
      J. T. Moore for appellant.
    
      Edward G. Crow, Attorney-General, and Sam B. Jeffries, Assistant Attorney-General, for the State.
    (1) This indictment is sufficient under the law off this State. State v. Taylor, 21 Mo. 477. (2) Section 3661, Revised Statutes 1889, provides accessories who aid and abet in the commission of a crime of felonious assault shall be guilty in equal degree with the principal. Under the decisions of this State there are no different degrees of felonious assault. R. 8. 1889, sees. 3489 and 3490; State v. Berning, 91 Mo. 82. (3) When indicted under section 3489, conviction can be made under section 3490. State v. Burk, 89 Mo. 635; State v. Sehloss, 93 Mo. 361. It was not therefore necessary that the verdicts in this case should be separate, but being separately stated does not affect their validity. (4) The fact that the verdicts were returned under the initial name only of the defendants does not effect their validity, especially in this court. (5) There being no bill of exceptions filed, the record proper, being regular, the judgment of the lower court should be affirmed.
   Burgess, J.

At the March term, 1896, of the circuit court of Pulaski county, the defendants were convicted under a joint indictment theretofore preferred by the grand jury of said county against them for felonious assault upon one A. E. Bugard.

The punishment of A. L. Manuel was fixed by the jury at three years’ imprisonment in the penitentiary, and the punishment of B. D. and O. D. Manuel was fixed at a fine of $100 each.

After unsuccessful motions for a new trial and in arrest defendants appealed.

No bill of exceptions was filed by defendants, so that there is nothing before this court for review save and except the record proper. The indictment is in due form, and the record apparently free from error. The judgment is affirmed.

All concur.  