Missouri v. Cook
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. The State has the right of appeal when a motion to qnash an indictment is sustained. R. S. 1899, see. 2709; State y. Burgdoerfer, 107 Mo. 16. Exclusive appellate jurisdiction in misdemeanor cases is vested in the St. Louis Court of Appeals.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. The State has the right of appeal when a motion to qnash an indictment is sustained. R. S. 1899, see. 2709; State y. Burgdoerfer, 107 Mo. 16. Exclusive appellate jurisdiction in misdemeanor cases is vested in the St. Louis Court of Appeals. Sec. 12, art. 6, Constitution; sec. 5, Amendment 1884; State ex rel. v. Rombauer, 101 Mo. 504; State v. Ramsey, 110 Mo. 212; State v. Boatright, 110 Mo. 222. (1) The right of the State to appeal is purely statutory. In the absence of an express enabling statute an appeal will…
1Opinion of the CourtNortoni, J.
The defendant was indicted by the grand jury of the city of St. Louis, as manager of the Chemical Building, situate on the northeast corner of Olive and Eighth streets, on a charge of having failed to provide the building of which he is manager, Avith *247fire-escapes, as required by the statute, an act approved March 24, 1903, requiring buildings more than three stories in height in certain cities to be provided with fire-escapes. The court sustained a demurrer to the indictment for several reasons assigned against it, and the State prosecutes this appeal.
In the state of the record before us,…
2Cases cited1 opinion
- State v. RoscoeSupreme Court of Missouri · 1887