State v. Greenspan

• Decision Date: 19 January 1897
• Citation: 38 S.W. 582,137 Mo. 149
• Parties: The State v. Greenspan, Appellant
• Court: Missouri Supreme Court

38 S.W. 582

137 Mo. 149

The State v. Greenspan, Appellant

Supreme Court of Missouri, Second Division

January 19, 1897

Appeal from St. Louis Criminal Court. -- Hon. H. L. Edmunds, Judge.

Transferred to St. Louis court of appeals.

Claiborne & Anderson and R. S. McDonald for appellant.

R. F Walker, attorney general, for the state.

It appears from the record that the appellant was indicted for a felony, viz., receiving stolen property, etc., of the value of $ 33.60, but was convicted of a misdemeanor, viz receiving stolen property of the value of less than $ 30. This court therefore has no jurisdiction of the appeal and the cause should be certified to the St. Louis court of appeals. State v. White, 109 Mo. 223; State v. Saye 109 Mo. 225.

OPINION

Burgess, J.

Defendant was indicted in the criminal court of the city of St. Louis for receiving stolen property of the value of $ 33.60. He was subsequently put upon his trial, was found guilty of receiving stolen property of less value than $ 30, and his punishment fixed at a fine of $ 50. He then appealed to this court.

It is now insisted by counsel for the state that this court has no jurisdiction of the case, and that it should be certified to the St. Louis court of appeals.

This court has appellate jurisdiction of felony cases only. So, where a defendant is convicted of a felony under an indictment charging him with such an offense, the fact that a less punishment is imposed does not reduce the offense to a misdemeanor, and in such case this court has appellate jurisdiction. State v. Melton, 117 Mo. 618, 23 S.W. 889. But where the conviction is for a misdemeanor, as in the case in hand, this court has no jurisdiction.

Section 3547, Revised Statutes, 1889, provides, that every person who shall steal, take and carry away any money or personal property, etc., of another, under the value of $ 30, not being the subject of grand larceny, shall be guilty of petit larceny, and, on conviction, shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding $ 100, or by both such fine and imprisonment. The following section provides that if, upon a trial for grand larceny, the evidence shows the value of the property taken would constitute a case of petit larceny, the defendant may be convicted of that offense. Section 3553, Revised Statutes, provides, that any person who shall be convicted of receiving money...