Legal Opinion

State v. Hubbell

Missouri Court of Appeals

Decided December 4, 1893PublishedCited by 4 opinions

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Appeal from the Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The court erred in given instruction numbered 1 on the part of the state. Said instruction ignored defendant’s theory of the case. State v. Roberts, 39 Mo. App. 47. (2) The court erred in refusing to give instructions numbered 3 and 4 on behalf of defendant. State v. Murray, 39 Mo. App. 127; State v. Larltins, 24 Mo. App. 410. (3) There was no arraignment of defendant in either the justice’s court or circuit court, hence this case must be reversed. State v. Geiger, 45 Mo. App. 111.

1Opinion of the CourtGill, J.

The defendant was charged, by information filed before a justice of the peace, with carrying, concealed on his person, a pistol, alleged to have been a dangerous and deadly weapon. Being adjudged *263guilty lie appealed to the circuit court, where on a trial by jury he was convicted, and now appeals to this court.

I. It appears from the record that defendant was not arraigned nor did he plead to the charge contained in the information. This must be held as fatal to the judgment. Until an arraignment, and plea entered, there was no issue to try.

State v. Saunders, 53 Mo. 234; State v. Montgomery, 63…

2Cases cited3 opinions

State v. SaundersSupreme Court of Missouri · 1873
State v. MontgomerySupreme Court of Missouri · 1876
State v. WestSupreme Court of Missouri · 1884

3Cited by4 opinions

Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
Browning v. StateNebraska Supreme Court · 1898
State v. HullMissouri Court of Appeals · 1898
State v. O'KelleyMissouri Court of Appeals · 1913