Legal Opinion

State v. Sparks

Supreme Court of Missouri

Decided February 23, 1915PublishedCited by 5 opinions

Appeal from Bollinger Circuit Court. — Hon. Peter H. Huck, Judge. (1) Where the information charges a felony and the defendant is convicted as charged, it remains a felony for the purposes of an appeal, even though the punishment assessed is a jail sentence. Sec. 4382, R. S. 1909; Art. 6, sec. 12, Constitution; Section 5 of 1884 Amendment Constitution; State v. Gilmore, 28 Mo. App. 561; State v. Melton, 117 Mo. 618; State v. Zinn, 141 Mo. 329; State v. Herrick, 158 Mo.

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1Opinion of the CourtBrown, J.

Defendant was convicted in the circuit court of Bollinger county on September 10, 1913, of the crime of breaking the custody of an officer, as denounced by section 4382, Revised Statutes 1909, and he appeals from a judgment fixing his punishment at imprisonment for six months in the county jail. This appeal was first granted to the Springfield Court of Appeals, but, as the offense of which defendant was convicted is a felony, the latter court transferred the appeal to this court. [State v. Underwood, 254 Mo. 469.]

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2Cases cited5 opinions

State v. CarsonSupreme Court of Missouri · 1910
State v. UnderwoodSupreme Court of Missouri · 1914
State v. BriscoeSupreme Court of Missouri · 1911
State v. ShortSupreme Court of Missouri · 1913
State v. ThomasSupreme Court of Missouri · 1911

3Cited by5 opinions

State v. HallSupreme Court of Missouri · 1926
State v. BairdSupreme Court of Missouri · 1923
State v. RossSupreme Court of Missouri · 1934
State v. CaulderSupreme Court of Missouri · 1923
State v. GrahamSupreme Court of Missouri · 1923