State v. Wilson

Missouri Court of Appeals

State v. Wilson

126 S.W. 996, 140 Mo. App. 726, 1910 Mo. App. LEXIS 56

CourtMissouri Court of Appeals

DecidedApril 4, 1910

StatusPublished

Cited by3 cases

This text of 126 S.W. 996 (State v. Wilson) 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. Wilson, 126 S.W. 996, 140 Mo. App. 726, 1910 Mo. App. LEXIS 56 (Mo. Ct. App. 1910).

Pincite

Opinion

ELLISON, J.

The defendant was charged in an information with an assauit with a deadly weapon with intent to kill and murder. He was convicted of what is termed a common assault, and fined one hundred dollars, and thereupon he took his appeal to this court.

We think we have not jurisdiction of the cause. The charge is of a felony. An assault with intent to kill may be punished by imprisonment in the penitentiary. [Sec. 1848, Revised Statutes 1899.] And any crime which may have the penitentiary for its punishment, is a felony. [Sec. 2398, R. S. 1899.] This court has jurisdiction of misdemeanors alone and a misdemeanor is an ofíense punishable by fine or county jail only. These matters have been heretofore determined, and the fact that a punishment has been assessed at a fine does not affect jurisdiction. [State v. Gilmore, 28 Mo. App. 561; State v. Melton, 117 Mo. 618; State v. Zinn, 141 Mo. 329; State v. Melton, 53 Mb. App. 646.]

The case will be transferred to the Supreme Court.

All concur.

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ELLISON, J.

The defendant was charged in an information with an assauit with a deadly weapon with intent to kill and murder. He was convicted of what is termed a common assault, and fined one hundred dollars, and thereupon he took his appeal to this court.

We think we have not jurisdiction of the cause. The charge is of a felony. An assault with intent to kill may be punished by imprisonment in the penitentiary. [Sec. 1848, Revised Statutes 1899.] And any crime which may have the penitentiary for its punishment, is a felony. [Sec. 2398, R. S. 1899.] This court has jurisdiction of misdemeanors alone and a misdemeanor is an ofíense punishable by fine or county jail only. These matters have been heretofore determined, and the fact that a punishment has been assessed at a fine does not affect jurisdiction. [State v. Gilmore, 28 Mo. App. 561; State v. Melton, 117 Mo. 618; State v. Zinn, 141 Mo. 329; State v. Melton, 53 Mb. App. 646.]

The case will be transferred to the Supreme Court.

All concur.

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Bluebook (online)

126 S.W. 996, 140 Mo. App. 726, 1910 Mo. App. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilson-moctapp-1910.

Opinion

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