Summary
In State v. Hoeffner, 124 Mo. 488, Division Two of this court held that a proceeding by scire facias upon a forfeited recognizance in a criminal case is a mere continuation of an original proceeding to enforce the collection of a debt confessed, and is not a civil action for the recovery of money only within the meaning of our code of civil precedure.
Summary of this case from Hickox v. McKinleyOpinion
No. 22192.
Delivered June 17, 1942.
Notice of Appeal — Jurisdiction of Appellate Court.
Where there was no notice of appeal in the record, the appeal was dismissed, such notice being necessary before the jurisdiction of the Court of Criminal Appeals attaches.
Appeal from County Court of Clay County. Hon. John V. Lyles, Judge.
Appeal from conviction for operating an automobile on a public highway while intoxicated; penalty, fine of $75.00.
Appeal dismissed.
The opinion states the case.
Houston McMurry, of Henrietta, for appellant.
Spurgeon E. Bell, State's Attorney, of Austin, for the State.
The conviction is for operating an automobile upon a public highway while intoxicated; penalty assessed at a fine of $75.00.
There is no notice of appeal found in the record. Such notice is necessary before the jurisdiction of this court attaches. Art. 827, C. C. P.
The appeal is therefore dismissed.