State v. Allen
| Decision Date | 08 December 1922 |
| Docket Number | No. 23685.,23685. |
| Citation | 246 S.W. 925 |
| Parties | STATE v. ALLEN. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Jasper County.
Harry Allen was convicted of unlawfully possessing intoxicating liquor, and he appeals. Cause transferred to Springfield Court of Appeals.
Jesse W. Barrett, Atty. Gen., and Marshall Campbell, Sp. Asst. Atty. Gen., for the State.
The defendant was convicted, on the information of the prosecuting attorney, of unlawfully having in his possession, on or about the _____ day of September, 1921, intoxicating liquor containing more than one-half of 1 per cent. of alcohol by volume, contrary to the statute, etc. He was tried, found guilty, and his punishment assessed at confinement in the county jail for a period of 30 days, from which he appealed. The record recites that a bill of exceptions was filed on April 12, 1922, but it is not included in the transcript.
Accompanying the transcript of the record is a motion, filed by the appellant, complaining that his premises were unlawfully searched and a small keg and a gallon jug filled with some liquid substance, the property of the defendant, were seized and turned over to the prosecuting attorney, in violation of certain sections of the federal and state Constitutions, and that said property, although demanded by the defendant, is unlawfully withheld from him. The motion prayed that an order be made to return said property, and a further order "that no evidence of the facts can be used in the trial of the above pending cause."
In the absence of an exception, we cannot review the action of the court in overruling the motion. The record shows that the defendant was convicted of a misdemeanor; hence this court has no jurisdiction of the appeal.
It is therefore ordered that the cause be transferred to the Springfield Court of Appeals.
All concur.
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State v. Allen
...Emerson, Judge. Harry Allen was convicted of unlawfully having intoxicating liquor in his possession, and appeals. Affirmed. See, also, 246 S. W. 925. Roy Coyne, of Joplin, and W. R. Shuck, of Webb City, for C. S. Walden, Pros. Atty., of Joplin, for the State. FARRINGTON, J. The defendant i......