
    STATE OF MISSOURI, Respondent, v. DAVID WILSON, Appellant.
    Kansas City Court of Appeals,
    April 4, 1910.
    JURISDICTION: Felony: Appeal. Where on an information charging ari' assault with intent to kill 'and murder, the punishment is fixed at $100, the case is one involving a charge of felony, and the Supreme Court alone has jurisdiction.
    Appeal from Buchanan Criminal Court. — Eon. T. F. Ryan, Judge.
    Transferred to Supreme Court.
    
      Mytton cG Parkinson for appellant.
    
      Chas. F. Keller, for respondent, filed no brief.
   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.  