State v. Wilson

Decision Date04 April 1910
Citation126 S.W. 996,140 Mo. App. 726
PartiesSTATE v. WILSON.
CourtMissouri Court of Appeals

The Court of Appeals has criminal jurisdiction of misdemeanors only, and the fact that punishment for assault with intent to kill, which is a felony, has been assessed at a fine, does not give the court jurisdiction thereof.

Appeal from Criminal Court, Buchanan County; Thos. F. Ryan, Judge.

David Wilson was convicted of a common assault, upon a charge of assault with a deadly weapon with intent to kill and murder, and he appeals. Case transferred to the Supreme Court.

Mytton & Parkinson, for appellant.

ELLISON, J.

The defendant was charged in an information with an assault with a deadly weapon with intent to kill and murder. He was convicted of what is termed a "common assault," and fined $100, and thereupon he took his appeal to this court.

We think we have not jurisdiction of the cause. The charge is of a felony. An assault with intent to kill may be punished by imprisonment in the penitentiary. Section 1848, Rev. St. 1899 (Ann. St. 1906, p. 1278). And any crime which may have the penitentiary for its punishment is a felony. Section 2393, Rev. St. 1899 (Ann. St. 1906, p. 1466). This court has jurisdiction of misdemeanors alone, and a misdemeanor is an offense punishable by fine or county jail only. These matters have been heretofore determined, and the fact that a punishment has been assessed at a fine does not affect jurisdiction. State v. Gilmore, 28 Mo. App. 561; State v. Melton, 117 Mo. 618, 23 S. W. 889; State v. Zinn, 141 Mo. 329, 42 S. W. 938; State v. Melton, 53 Mo. App. 646.

The case will be transferred to the Supreme Court. All concur.

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