State v. Brown
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) It is a final judgment upon an information and not an indictment that is appealed from, and is without statutory ’ authority therefor. Secs. 1 and 2 of art. VI, Constitution of 1875. (2) If the right to an appeal is purely statutory, then the appeal in this case must be dismissed, unless there be some authority of that character therefor. In re Bauer, 112 Mo. 231; St. Louis v. White, 99 Mo. 475; Sec. 4277, R. S. 1889.
1Opinion of the CourtSherwood, J.
Defendant was convicted in the Barton Circuit Court on an information filed in that court by the prosecuting attorney touching a slot machine. Being convicted, defendant appealed to the Kansas City Court of Appeals, which transferred this cause to this court.
*579The only section in relation to a defendant taking an appeal is where he is convicted on a charge contained in an indictment. [Section 4277, R. S. 1889.] The right of appeal does not exist except as the result of statutory enactment. There is no such enactment as to informations, and the right of appeal was unknown to the common law.…
2Cases cited2 opinions
- State v. ClipperSupreme Court of Missouri · 1898
- State v. CorneliusSupreme Court of Missouri · 1898
3Cited by13 opinions
- State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905
- State v. ThayerSupreme Court of Missouri · 1900
- Ex Parte McKeanSupreme Court of Missouri · 1936
- Ex parte McAnallySupreme Court of Missouri · 1906
- Kreyling v. O'ReillyMissouri Court of Appeals · 1902
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