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Miller v. State

Missouri Court of Appeals, Southern District, Division Two
Apr 13, 1981
615 S.W.2d 98 (Mo. Ct. App. 1981)

Opinion

No. 12214.

April 13, 1981.

APPEAL FROM THE CIRCUIT COURT, GREENE COUNTY, JACK A. POWELL, J.

Charles Bruce Miller, pro se.

John D. Ashcroft, Atty. Gen., Jefferson City, for respondent.


Petitioner filed a "MOTION FOR PETITION FOR WRIT OF HABEAS CORPUS AND or MOTION FOR PETITION FOR MANDAMUS". The trial court denied the requested relief and petitioner appealed.

This court is obligated to determine if it has appellate jurisdiction. Frey v. Gabel, 574 S.W.2d 38, 39 (Mo.App. 1978). We have determined that we do not. No appeal lies from the decision in a habeas corpus proceeding. Hutchinson v. Wesley, 455 S.W.2d 21 (Mo.App. 1970). The denial of mandamus relief by the trial court is not an appealable order because no alternative writ in mandamus was issued. Baker v. St. Francis Levee District, 606 S.W.2d 668 (Mo.App. 1980).

The appeal is dismissed.

All concur.


Summaries of

Miller v. State

Missouri Court of Appeals, Southern District, Division Two
Apr 13, 1981
615 S.W.2d 98 (Mo. Ct. App. 1981)
Case details for

Miller v. State

Case Details

Full title:CHARLES BRUCE MILLER, PETITIONER-APPELLANT, v. STATE OF MISSOURI…

Court:Missouri Court of Appeals, Southern District, Division Two

Date published: Apr 13, 1981

Citations

615 S.W.2d 98 (Mo. Ct. App. 1981)

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