State v. Ambrose
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». Howard Gray, Judge. There was no arraignment of the defendant. There was therefore no issue to be tried by the jury. State v. Lewellen, 93 Mo. App. 469; State v. Hull, 73 Mo. App. 300; State v. VanHook, 88 Mo. App. 105; State v. Sharpe, 95 S. W. 298. W. N. Andrews and H. L. Bright, fór respondent, filed no brief.
1Opinion of the CourtEllison, J.
The defendant was convicted of pet-it larceny before a justice of the peace and again on appeal in the circuit court. The record does not show an arraignment and hence the convictionwaswithoutwarrant of law. [State v. Llewellyn, 93 Mo. App. 469; State v. VanHook, 88 Mo. 105.] The judgment will be reversed and the cause remanded.
All concur.
2Cases cited2 opinions
- State v. VanhookSupreme Court of Missouri · 1885
- State v. LlewellynMissouri Court of Appeals · 1902
3Cited by1 opinion
- State v. O'KelleyMissouri Court of Appeals · 1913