Public-domain · open source
OpenJurist

109 Mo. 223

State v. White

Supreme Court of Missouri

Decided October 15, 1891

Supreme Court of Missouri · decided 1891-10-15

<p>< Criminal Practice: jurisdiction: appeal. Where the conviction, on a trial for felony is for a lower offense, amounting only to a misdemeanor, the court of appeals, and not the supreme court, has jurisdiction of an appeal therefrom.'</p>

Cited by 2 later decisions — most recently April 1958

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Transferred, to Kansas city court of appeals · Decided 1891-10-15

View the full empirical analysis of this case →

Gantt, P. J.

¶1Upon examination of the record in this case, we find that the defendant was indicted in the circuit court of Hickory county for felonious assault with intent to ravish.

¶2At the trial the court gave instructions both for a felony and for a common assault or misdemeanor. The jury found him guilty of the misdemeanor, and assessed his fine at $71; and, having so done, this appeal should -have been certified to the Kansas City court of appeals.

¶3We have not passed upon any of the questions raised, further than to see whether we had jurisdiction ; and, as in our opinion we have none, the record is ordered transferred to the Kansas City court of appeals for determination, as required by the amendment to the constitution creating that court.

All concur.
/109/mo/223 · .json · Public domain