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153 Mo. 578

State v. Brown

Supreme Court of Missouri

Decided January 23, 1900

Supreme Court of Missouri · decided 1900-01-23

Transferred from Kansas City Court of Appeals. (1) It is a final judgment upon an information and not an indictment that is appealed from, and is without statutory ’ authority therefor. Secs. 1 and 2 of art. VI, Constitution of 1875. (2) If the right to an appeal is purely statutory, then the appeal in this case must be dismissed, unless there be some authority of that character therefor. In re Bauer, 112 Mo. 231; St. Louis v. White, 99 Mo. 475; Sec. 4277, R. S. 1889.

Cited by 10 later decisions — most recently March 1936

10 state decisions

Relies on State v. Clipper · State v. Cornelius

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1900-01-23

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SHERWOOD, J.

¶1Defendant 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.

¶2*579The 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.]

¶3Eor these reasons no appeal lay from the Barton Circuit Court, and the appeal taken therefrom is hereby dismissed.

All concur.
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