Opinion

State v. Brown

  • 153 Mo. 578
  • 55 S.W. 76
  • 1900 Mo. LEXIS 139
Court
Supreme Court of Missouri
Filed
Jan 23, 1900
Status
Published
Author
Sherwood
On the bench
Sherwood
Cited by
11 cases
Authority
More cited than 92.8%

Overruled by State v. Thayer, 158 Mo. 36 (1900)

Later courts went against this

  • Overruled by State v. Thayer, 158 Mo. 36 (1900)

    upon each other, and construed in connection with the code of criminal procedure, of which they form constituent parts, in the light of the circumstances attendant upon their introduction into that code as disclosed by their legislative history, the conclusion, it seems to us is irresistible, that an appeal does lie for the defendant from a conviction in the circuit court of misdemeanor on information, that State v.…
    Supreme Court of MissouriJun 30, 1900Read it

The opinion

SHERWOOD, J.

Defendant was convicted in the Barton Circuit Court on an information filed in that court by the prosecuting attorney touching a slot machine. Being convicted, defendant appealed to the Kansas City Court of Appeals, which transferred this cause to this court.

*579 The only section in relation to a defendant taking an appeal is where he is convicted on a charge contained in an indictment. [Section 4277, R. S. 1889.] The right of appeal does not exist except as the result of statutory enactment. There is no such enactment as to informations, and the right of appeal was unknown to the common law. [State ex rel. v. Woodson, 128 Mo. loc. cit. 514.] Similar views were expressed by us in relation to the State talcing an appeal from a judgment quashing an information. [State v. Clipper, 142 Mo. 474 ; State v. Carr, Ib. 607; State v. Cornelius, 143 Mo. 179 . See, also, Sutherland Stat. Const., secs. 326, 327 and 328; Maguire v. State Savings Ass’n, 62 Mo. loc. cit. 346.]

Eor these reasons no appeal lay from the Barton Circuit Court, and the appeal taken therefrom is hereby dismissed.

All concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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