State v. Wilson
Cases that cite this one
3 later published cases cite this decision.
- People v. Jenkins (Cal. Ct. App. 1967)
- State v. Sparks (Mo. Ct. App. 1914)
- State v. Woodson (Mo. 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.