¶1The defendant being indicted for a felonious assault, after several continuances on the part of the state, moved to be discharged. The lower court granted his motion and discharged him, and from this order of discharge the state has appealed. Into the correctness of this order we can not look, as the state has no right of appeal in such cases. It is only when the “indictment is quashed, or adjudged insufficient upon demurrer, or when judgment thereon is arrested” (R. S. 1889, secs. 4289, 4290), that the state is allowed an appeal. State v. Risley, 72 Mo. 609; State v. Heisserer, 83 Mo. 692; State v. Ashcraft, 95 Mo. 348. In consequence of these statutory provisions, this appeal having been improvidently taken, must be dismissed.
124 Mo. 483
State v. Marshall
Decided November 5, 1894
Supreme Court of Missouri · decided 1894-11-05
—Hon. A. H. Livingston, Special Judge. The appeal in this case must be dismissed. The state is only entitled to appeal in criminal prosecutions in cases where the indictment is quashed, adjudged insufficient on demurrer or where the judgment thereon is arrested. State v. Ashcraft, 95 Mo. 348.
Relies on State v. Risley · State v. Heisserer · State v. Ashcraft
Good law ✅— No negative treatment on recordhow we know
Appeal dismissed · Decided 1894-11-05
How this case has been cited
Cited by 3 later decisions — most recently November 1963
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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