State v. Powers

We think the review of this misdemeanor is in the court of appeals because of appellant's failure to keep the constitutional[378] question alive in the motion for new trial. Appellant was convicted of the misdemeanor of keeping a bawdy house and fined $250 in the circuit court of Greene county. Sec. 4681, R.S. 1939; 13 Mo. St. Ann., Sec. 4681.

Appeals involving misdemeanors are reviewable in the courts of appeals (State ex rel. v. Trimble (Banc), 310 Mo. 274, 282,275 S.W. 536, 538[2]; State v. Tummons, 225 Mo. App. 429, 432,37 S.W.2d 499, 500[1]) in the absence of some live constitutional…