Legal Opinion

State v. Ambrose

Missouri Court of Appeals

Decided May 20, 1907PublishedCited by 1 opinion

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

  1. State v. VanhookSupreme Court of Missouri · 1885
  2. State v. LlewellynMissouri Court of Appeals · 1902

3Cited by1 opinion

  1. State v. O'KelleyMissouri Court of Appeals · 1913