State v. O'Kelley
Supreme Court of Missouri
Appeal from Dade Circuit Court — Hon. B. 6r,. Thurman, Judge. The court erred in refusing to grant defendants a new trial upon their motion and showing that there had been no arraignment or waiver of the same and that the record failed to disclose any arraignment or waiver. The arraignment of one accused on a criminal charge is an indispensable prerequisite to a legal trial. State v. Witherspoon, 231 Mo. 706; State v. Moss, 164 Mo. App. 379; State v. Mikel, 125 Mo.
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Appeal from Dade Circuit Court — Hon. B. 6r,. Thurman, Judge. The court erred in refusing to grant defendants a new trial upon their motion and showing that there had been no arraignment or waiver of the same and that the record failed to disclose any arraignment or waiver. The arraignment of one accused on a criminal charge is an indispensable prerequisite to a legal trial. State v. Witherspoon, 231 Mo. 706; State v. Moss, 164 Mo. App. 379; State v. Mikel, 125 Mo. App. 289. (1) We ¡desire first to call the attention of the court to Sec. 5230, R. S. 1909, which reads as follows: ‘ ‘ The…
1Opinion of the Court
ROT, C. —
Defendants were convicted of a violation of the Local Option Law and sentenced each to ten months in jail and to pay a fine of three hundred dollars. They appealed to the Springfield Court of Appeals, where the judgment was affirmed. Judge Farrington dissented on the ground that the majority opinion is in conflict with State v. Hopper, 142 Mo. 1. c. 481, and other cases there set out, and the appeal was transferred to this court.
Defendants conceded that the Local Option Law was in force in Dade county. They, were partners in business as pseudo-druggists; neither had a license as a…
2Cases cited31 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- State v. TaylorSupreme Court of Missouri · 1896
- Hack v. StateWisconsin Supreme Court · 1910
- State v. CassadySupreme Court of Kansas · 1874
- State v. MaggardSupreme Court of Missouri · 1913
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3Cited by13 opinions
- State v. RobertsSupreme Court of Missouri · 1922
- State v. AllenSupreme Court of Missouri · 1916
- State v. BorchertSupreme Court of Missouri · 1926
- State v. HascallSupreme Court of Missouri · 1920
- State v. EstesUtah Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.