In re: Circuit Attorney, 22nd Judicial Circuit ex rel. Christopher Dunn

Summary

The Court held that Missouri may appeal a civil judgment vacating a criminal conviction under the general civil-appeal statute because the State is both a party and aggrieved by the judgment. The specific post-conviction statute separately grants prosecuting and circuit attorneys a right to appeal but does not eliminate the State’s independent appellate right. The cause was retransferred to the court of appeals to deny the motion to dismiss and consider the State’s appeal on the merits.