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State v. Wymer

The State, in Error v. Wymer

State v. Wymer, 79 Mo. 277 (1883)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1883
Judges
Philips
Citations
79 Mo. 277
Disposition
Dismissed.
Headnotes
“Writ of error dismissed because no final judgment appears in lire record.
Summary
Error to Cape Girardeau Circuit Court. — Host. 1). L. Hawkins, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Philips

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Philips, C.

The defendant, Rosana Wymer, was indicted in the circuit court of Cape Girardeau county for an alleged attempt to poison. The record proper shows that a motion was filed to quash the indictment, and also that the motion was sustained. There is no bill of exceptions in the record, nor is there any order or judgment of the court quashing the indictment. In other words, there is no final judgment of record in the case. Yet the State has brought the case here on writ of error. It scarcely needs the citation of authorities to the proposition that the writ of error ivas improvidently or prematurely sued out. *278 Pearce v. McClanahan, 50 Mo. 267 ; Dale v. Copple, 53 Mo. 321 .

The writ of error is, therefore, dismissed.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1904: 11929: 119042026peak 1904 · 1

Relies on it most ⓘ

  1. Nordquist v. the Amourdale State Bk.19 S.W.2d 553 (Mo. Ct. App. 1929)
  2. Reesman v. Rollinson82 S.W. 646 (Mo. Ct. App. 1904)

Most recent

  1. Nordquist v. the Amourdale State Bk.19 S.W.2d 553 (Mo. Ct. App. 1929)
  2. Reesman v. Rollinson82 S.W. 646 (Mo. Ct. App. 1904)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Dale v. Copple, 53 Mo. 321 (1873) 10
Pearce v. McClanahan, 50 Mo. 267 (1872) 4

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