State v. Mullix

Supreme Court of Missouri

State v. Mullix

53 Mo. 355

CourtSupreme Court of Missouri

DecidedAugust 15, 1873

StatusPublished

Cited by4 cases

This text of 53 Mo. 355 (State v. Mullix) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Mullix, 53 Mo. 355 (Mo. 1873).

Pincite

Opinion

Sherwood, Judge,

delivered the opinion of the court.

Despondent was indicted for grand larceny, and demurred to the indictment, which the court held to be insufficient.; but no final judgment was entered. The State thereupon appealed to this court. The same rule prevails in criminal as in civil cases, that no appeal can be taken except upon a final [356]*356judgment; and yet, ease after case comes up to every term of, and encumbers every docket of, this court, in which no final determination of the cause has been had in the court below. (State vs. Pepper, 7 Mo., 348; State vs. Gregory, 38 Mo., 501.)

Let the appeal be dismissed.-

Judges "Wagner and Napton absent; the other Judges concur.

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Sherwood, Judge,

delivered the opinion of the court.

Despondent was indicted for grand larceny, and demurred to the indictment, which the court held to be insufficient.; but no final judgment was entered. The State thereupon appealed to this court. The same rule prevails in criminal as in civil cases, that no appeal can be taken except upon a final [356]*356judgment; and yet, ease after case comes up to every term of, and encumbers every docket of, this court, in which no final determination of the cause has been had in the court below. (State vs. Pepper, 7 Mo., 348; State vs. Gregory, 38 Mo., 501.)

Let the appeal be dismissed.-

Judges "Wagner and Napton absent; the other Judges concur.

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Bluebook (online)

53 Mo. 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mullix-mo-1873.

Opinion

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