State v. Keith, 6946
| Decision Date | 15 January 1951 |
| Docket Number | No. 6946,6946 |
| Citation | 235 S.W.2d 1023 |
| Parties | STATE v. KEITH. |
| Court | Missouri Court of Appeals |
J. Arthur Francis, Ironton, for appellant.
W. R. J. Hughes, Ironton, for respondent.
The appellant appeals from a conviction of assault with intent to kill under Section 4408, R.S.Mo.1939, Mo.R.S.A. Sec. 4408. The jury fixed his punishment at a fine of $50.00.
The appellant has not filed a bill of exceptions and, therefore, only the record proper is before us for review. State v. Birkner, Mo.Sup., 229 S.W.2d 674; State v. Roberts, Mo.Sup., 232 S.W.2d 975.
The information charged 'that on or about the 11th day of November, 1948, at, and in the county of Iron and State of Missouri, one Sylvia Keith, feloniously, on purpose and wilfully did make an assault, and with a deadly weapon, to-wit, a claw-hammer with an iron head and claw of the weight of about two pounds, the said Genevieve Giles did then and there feloniously, on purpose and wilfully strike, beat and wound upon the head and body, with the intent then and there, her, the said Genevieve Giles, feloniously to kill; against the peace and dignity of the State.'
This information contains every necessary element required under Section 4408, supra, to support the charge of assault with intent to kill.
The jury returned the following verdict: 'We, the jury in the above entitled cause, find the defendant, Sylvia Keith, guilty as charged in the information and fix her punishment therefor at a fine of $50.00 Dollars.'
It is a general verdict finding the appellant guilty as charged.
The charge in the information is a felony charge. Under Article V, of the Constitution of Missouri, 1945, Section III, Mo.R.S.A. the Supreme Court is given exclusive appellate jurisdiction 'in all cases of felony'.
Under the record proper appellant stands convicted of a felony. This court, therefore, has no jurisdiction and the cause should be transferred to the Supreme Court. State v. Dalton, Mo.App., 282 S.W. 736, 737.
It is so ordered.
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State v. Keith
...County, Sylvia Keith applied for and was granted an appeal to the Springfield Court of Appeals. That court, in an opinion reported in 235 S.W.2d 1023, found the case to be one of felony, and hence not within its jurisdiction, art. V, Sec. 2, Constitution of Mo.1945, and so transferred the a......