State v. Heatherly
Supreme Court of Missouri
APPEA.L from the circuit court of Ray county. The defendant in this court moves the court to dismiss the appeal, and assigns for cause: 1st. That the law does not allow to the State the right of appeal. 2d. That there was no affidavit to authorize the grant of appeal.
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APPEA.L from the circuit court of Ray county. The defendant in this court moves the court to dismiss the appeal, and assigns for cause: 1st. That the law does not allow to the State the right of appeal. 2d. That there was no affidavit to authorize the grant of appeal. Under the head of “Practice and Proceedings in criminal cases,’’ article 8, sec. 1, it is provided, that in all cases of final judgment rendered upon any indictment, an appeal to' the supreme court shall be allowed, &c. — This provision is general and does not seem to confine the right of appeal to one party or 'the other. But a…
1Opinion of the Court
Mc’Gire J.
delivered the opinion of the court.
In February, 1836, an indictment was found against Heatherly for the murder of one Dunbar. On the trial, the Circuit Attorney offered one Hawkins an accomplice, to give evidence in behalf of the State. Several questions were propounded to the witness, who stated that he could not make any answer to the same without criminating himself. The court informed the witness that if such was his opinion he was not bound to make anj answer to the questions. The Circuit Attorney then offered to enter a nolli prosequi. The court refused to permit this to be…
2Cited by1 opinion
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