State v. Hayes
Supreme Court of Missouri
Appeal from Ozark Circuit Court. — Hon. A. W. Lincoln, Special Judge. (1) No appeal by the State lies from a judgment quashing an information. State v. Adams, 193 Mo. 199; State v. Beagles, 174 Mo. 627; State v. Rozelle, 174 Mo. 635; State v. Vanbrunt, 147 Mo. 20; State v. Carr, 142 Mo. 610; State v. Clipper, 142 Mo. 476; State v. Cornelius, 143 Mo. 180. (2) Where the State attempts to appeal in such ease this court acquires no jurisdiction.
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Appeal from Ozark Circuit Court. — Hon. A. W. Lincoln, Special Judge. (1) No appeal by the State lies from a judgment quashing an information. State v. Adams, 193 Mo. 199; State v. Beagles, 174 Mo. 627; State v. Rozelle, 174 Mo. 635; State v. Vanbrunt, 147 Mo. 20; State v. Carr, 142 Mo. 610; State v. Clipper, 142 Mo. 476; State v. Cornelius, 143 Mo. 180. (2) Where the State attempts to appeal in such ease this court acquires no jurisdiction. State v. Cornelius, 143 Mo. 181; State v. Beagles, 174 Mo. 628. (3) Since the court does not acquire jurisdiction in such case, it is “forbidden to…
1Opinion of the CourtFox, J.
This cause is presented to this court upon appeal by the State. In 1908 the prosecuting attorney of Stone county filed an information charging the defendant with the offense of embezzlement. The regular judge of the Stone Circuit Court was disqualified and on February 18, 1908, the cause was set down for the March (1908) term of said court before the Pión. A. W. Lincoln, judge of the G-reene Criminal Court, who wa.s by the judge of the Stone Circuit Court requested to appear and try said cause. At the March adjourned term of the Stone Circuit Court, being May 18, 1908, Judge Lincoln sustained…
2Cases cited1 opinion
- State v. Van BruntSupreme Court of Missouri · 1898
3Cited by3 opinions
- Hurck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Clark v. ClarkSupreme Court of Missouri · 1928
- State v. McKaySupreme Court of Missouri · 1910