State v. Vaughn

Decided March 5, 1900

Missouri Court of Appeals · decided 1900-03-05

<p>Criminal Law: INFORMATION: APPEAL. A right to appeal exists only by virtue of the statute and is unknown to the common law and as the statute makes no provision for appeal from conviction on the information, no such right exists.</p>

Cited by 1 later decisions — most recently April 1914

1 state decisions

Relies on State v. Brown

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1900-03-05

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SMITH, P. J.

¶1The defendants being convicted in the criminal court of Lafayette county on an information filed by the prosecuting attorney in that court against them for violating section 3854, Revised ■ Statutes, appealed to this court.

¶2The right of appeal does not exist except as the résult cf statutory enactment.. The only section relating to a defendant taking an appeal is where he is convicted on a charge contained in an indictment. R. S. 1889, section 4277. There is no such enactment as to informations. The right of appeal is unknown at the common law. State v. Brown, 153 Mo. 578; 55 S. W. Rep. 76. For these reasons the appeal must be dismissed.

All concur.