# State v. Jenkins

> Missouri Court of Appeals · February 27, 1900 · 83 Mo. App. 322

URL: https://www.frixlaw.com/law-library/cases/8262429

## Case

- **Full name:** STATE OF MISSOURI v. W. S. JENKINS
- **Court:** Missouri Court of Appeals
- **Decided:** February 27, 1900
- **Citations:** 83 Mo. App. 322; 1900 Mo. App. LEXIS 173
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Big
- **Judges:** Big
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8262429

## Opinion text

BIG-G1S, J.
The defendant was prosecuted under an information filed before a justice of tbe peace charging him with a violation of the statute governing merchants in the sale of spirituous liquors. He was convicted before tbe justice and in the circuit court. He has attempted to appeal to this court from the judgment against him in the circuit court.
In the recent case of State v. Brown, 153 Mo. 578 , the supreme court decided that there is no appeal from the circuit court to the appellate court, where the defendant is convicted of a misdemeanor on an information. The purport of the decision is that the right of appeal is purely stat *323 utory, and that the statute (sec. 4277, R. S. 1889) only provides for an appeal from the circuit court where the accused has been convicted on a charge preferred in an indictment.
My associates are of the opinion that an order dismissing the appeal is proper following the action of the supreme court in State v. Brown, supra. To my mind this is illogical, for if there was and could be no appeal, there could be no order dismissing it. I think the order should be to strike the cause from the docket, for the reason that we have acquired no jurisdiction of the cause, and can not rightfully make any order concerning it. We only have the power to remove it from our docket.
In compliance with the views of the majority an order will be entered dismissing the appeal.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8262429. Public record. Not legal advice.