State v. Mullix

Decided August 15, 1873

Supreme Court of Missouri · decided 1873-08-15

<p>1. Practice, criminal — Final .judgment — Appeal.—In criminal, as in Civil cases, no appeal will lie without final judgments; as where on demurrer sustained, ■ none was rendered.</p>

Cited by 2 later decisions — most recently December 1897

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-08-15

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Sherwood, Judge,

¶1delivered the opinion of the court.

¶2Despondent was indicted for grand larceny, and demurred to the indictment, which the court held to be insufficient.; but no final judgment was entered. The State thereupon appealed to this court. The same rule prevails in criminal as in civil cases, that no appeal can be taken except upon a final *356judgment; and yet, ease after case comes up to every term of, and encumbers every docket of, this court, in which no final determination of the cause has been had in the court below. (State vs. Pepper, 7 Mo., 348; State vs. Gregory, 38 Mo., 501.)

¶3Let the appeal be dismissed.-

Judges "Wagner and Napton absent; the other Judges concur.