State v. Brown
| Decision Date | 23 January 1900 |
| Citation | 55 S.W. 76,153 Mo. 578 |
| Parties | STATE v. BROWN. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Barton county; D. P. Stratton, Judge.
C. D. Brown was convicted on an information touching a slot machine, and appeals. Dismissed.
Van Pool & Martin and Cole & Burnett, for appellant. Edward C. Crow, Atty. Gen., Sam B. Jeffries, and Edwin L. Moore, for the State.
Defendant 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 the cause to this court. The only section in relation to a defendant taking an appeal is where he is convicted on a charge contained in an indictment. Section 4277, Rev. St. 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 v. Woodson, 128 Mo., loc. cit. 514, 31 S. W. 107. Similar views were expressed by us in relation to the state taking an appeal from a judgment quashing an information. State v. Clipper, 142 Mo. 474, 44 S. W. 264; State v. Carr, 142 Mo. 607, 44 S. W. 776; State v. Cornelius, 143 Mo. 179, 44 S. W. 717. See, also, Suth. St. Const. §§ 326-328; Maguire v. Association, 62 Mo. loc. cit. 346. For these reasons, no appeal lay from the Barton circuit court, and the appeal taken therefrom is hereby dismissed. All concur.
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Strottman v. St. Louis, I. M. & S. Ry. Co.
...arose whether an appeal (a purely statutory right) would lie from a conviction on an information. It was held it would not. State v. Brown, 153 Mo. 578, 55 S. W. 76. Subsequently the same point came up in State v. Thayer, 158 Mo. 36, 58 S. W. 12, considering the old as well as the new statu......
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State ex rel. Chicago, Burlington & Quincy Railroad Co. v. Bland
... ... It will ... be seen at a glance that an appealable judgment in a criminal ... case is limited to a final one and to one rendered upon an ... "indictment." This section was held not to allow an ... appeal from a final conviction on an information. [State v ... Brown, 153 Mo. 578, 55 S.W. 76.] Subsequently the latter case ... was overruled in Banc (State v. Thayer, supra), in which it ... was held that the above section, read with other sections of ... the Code of Criminal Procedure, should be construed as ... allowing an appeal from a conviction on an ... ...
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Ex Parte McKean, 34809.
... ... State ex rel. v. Hughes, 229 Mo. 529, 253 S.W. 229; State v. Emerson, 318 Mo. 633, 1 S.W. (2d) 109; State of Iowa v. Hundling, 264 N.W. 608; People v ... [State v. Brown, 153 Mo. 578, 55 S.W. 76.] ... Of course, the statement that unless there is an "existing law" condemning the act, habeas corpus is a ... ...
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State v. Bland
...one rendered upon an "indictment." This section was held not to allow an appeal from a final conviction on an information. State v. Brown, 153 Mo. 578, 55 S. W. 76. Subsequently the latter case was overruled in banc (State v. Thayer, supra), in which it was held that the above section, read......