State v. Caughron

Missouri Court of Appeals

State v. Caughron

49 Mo. App. 311, 1892 Mo. App. LEXIS 217

DecidedApril 19, 1892

StatusPublished

This text of 49 Mo. App. 311 (State v. Caughron) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Caughron, 49 Mo. App. 311, 1892 Mo. App. LEXIS 217 (Mo. Ct. App. 1892).

Pincite

Opinion

Biggs, J.

The defendant was indicted, tried and convicted of a misdemeanor, at the October term, 1890, of the circuit court of Ripley county. An appeal was granted at the same term. The clerk of the circuit court transmitted the record to the clerk of this court, but it was not filed, or the case docketed, by reason of the defendant’s failure to pay the docket fee in this court. On the nineteenth of February, 1892, the prosecuting attorney of the county paid the docket fee, and he now asks that the defendant’s appeal be dismissed.

The statute makes it our duty to examine the record in a criminal case, although the defendant has failed to assign error, or file briefs, but we know of no law which 'exempts him from paying the docket fee.

The plaintiff’s motion to dismiss the appeal will be sustained, and an order of dismissal entered.

All the judges concur.

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Biggs, J.

The defendant was indicted, tried and convicted of a misdemeanor, at the October term, 1890, of the circuit court of Ripley county. An appeal was granted at the same term. The clerk of the circuit court transmitted the record to the clerk of this court, but it was not filed, or the case docketed, by reason of the defendant’s failure to pay the docket fee in this court. On the nineteenth of February, 1892, the prosecuting attorney of the county paid the docket fee, and he now asks that the defendant’s appeal be dismissed.

The statute makes it our duty to examine the record in a criminal case, although the defendant has failed to assign error, or file briefs, but we know of no law which 'exempts him from paying the docket fee.

The plaintiff’s motion to dismiss the appeal will be sustained, and an order of dismissal entered.

All the judges concur.

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Bluebook (online)

49 Mo. App. 311, 1892 Mo. App. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-caughron-moctapp-1892.