State v. Smith

• Decision Date: 12 February 1910
• Citation: 225 Mo. 579,125 S.W. 460
• Parties: STATE v. SMITH.
• Court: Missouri Supreme Court

125 S.W. 460

225 Mo. 579

STATE v. SMITH.

Supreme Court of Missouri, Division No. 2.

February 12, 1910.

COURTS (§ 231) — APPELLATE JURISDICTION.

To give the Supreme Court jurisdiction of an appeal from a conviction of a misdemeanor, a constitutional question must be involved and properly raised.

Appeal from Circuit Court, Webster County; Geo. H. Williams, Special Judge.

George Smith was convicted of practicing medicine and surgery without a license, and appeals. Transferred to the Springfield Court of Appeals.

Samuel Dickey and Morris & Hartwell, for appellant. E. W. Major, Atty. Gen., and Chas. G. Revelle, Asst. Atty. Gen., for the State.

BURGESS, J.

On the 10th day of November, 1908, the prosecuting attorney of Webster county filed in the circuit court of said county an information duly verified, charging the defendant with unlawfully and willfully practicing medicine and surgery, and attempting to treat the sick and afflicted, without first having obtained a license from the State Board of Health. After arraignment and plea of not guilty, defendant was placed upon trial; the jury returning a verdict of guilty, assessing his punishment at a fine of $50. Judgment was entered in accordance with the verdict, and defendant appealed to this court.

This being an appeal from a conviction under an information charging the defendant with a misdemeanor, and there being no constitutional question properly raised, so as to give this court jurisdiction, the cause is ordered transferred to the Springfield Court of Appeals. All concur.