State v. Taylor
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. H. C. 0 ’Bryan, Judge. The record does not show that defendant was ever arraigned, or that he waived such right. This must affirmatively appear. 59 Mo. 154.
1Opinion of the CourtGantt, P. J.
The defendant was indicted in the circuit court of New Madrid county for rape. He was tried and convicted at the March term, 1889, and sentenced to the penitentiary for a term of ninety-nine years. He has appealed from that judgment to this court.
The record before us shows no arraignment of the defendant, and it results from repeated decisions of this court the judgment must be reversed and a new trial granted. As the prisoner is in the penitentiary, it will be ordered that he be taken therefrom and remitted to the custody of the sheriff of New Madrid county, and committed to the jail of said…
2Cases cited3 opinions
- State v. DavidsonSupreme Court of Missouri · 1881
- State v. BarnettSupreme Court of Missouri · 1876
- State v. PicklesSupreme Court of Missouri · 1877
3Cited by1 opinion
- State v. O'KelleySupreme Court of Missouri · 1914