State v. Fleming

• Decision Date: 08 June 1909
• Citation: 221 Mo. 451,119 S.W. 1113
• Parties: STATE v. FLEMING.
• Court: Missouri Supreme Court

119 S.W. 1113

221 Mo. 451

STATE v. FLEMING.

Supreme Court of Missouri, Division No. 2.

June 8, 1909.

CRIMINAL LAW (§ 1019)—APPEAL—JURISDICTION.

The Supreme Court having no jurisdiction of an appeal from a conviction under Rev. St. 1899, § 2220 (Ann. St. 1906, p. 1413), making it a misdemeanor punishable by a fine not exceeding $1,000 for one to sell or expose to sale a lottery ticket, the case will be transferred to the Court of Appeals.

Appeal from St. Louis Court of Criminal Correction; Wilson A. Taylor, Judge.

Dora Fleming was convicted of an offense, and appeals. Transcript of record ordered transferred to the St. Louis Court of Appeals.

Elliott W. Major, Atty. Gen., and John M. Atkinson, Asst. Atty. Gen., for the State.

BURGESS, J.

By an information filed by the assistant prosecuting attorney in the St. Louis court of criminal correction, the defendant was charged with unlawfully selling to one Daisy Owens, on the 19th day of April, 1907, "a certain ticket and part of ticket in a lottery, or a device in the nature of a lottery, known as a policy." A jury being waived, the court upon trial had found the defendant guilty as charged, and assessed her punishment at a fine of $200. Motions for new trial and in arrest of judgment were filed by defendant, and overruled by the court, whereupon an appeal was taken to this court. No bill of exceptions was filed. This case falls within the provisions of section 2220, Rev. St. 1899 (Ann. St. 1906, p. 1413), which makes it a misdemeanor, punishable by a fine not exceeding $1,000, for any person to sell or expose to sale a lottery ticket.

As the Supreme Court is without jurisdiction of the cause, the transcript of the record is ordered transferred to the St. Louis Court of Appeals. All concur.