State v. Hoffman
Missouri Court of Appeals
Appeal from the Washington Circuit Court. — Hon. J. F. Green, Judge. Trial can not proceed against a prisoner for an offense for which he has not been arraigned, and of which he has not pleaded guilty. State v. West, 84 Mo. 440; State v. Barnes, 59 Id. 154; State v. Saunders, 53 Id. 234. A justice of the peace has special and limited jurisdiction, and must proceed in all cases in the mode prescribed by statute.
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Appeal from the Washington Circuit Court. — Hon. J. F. Green, Judge. Trial can not proceed against a prisoner for an offense for which he has not been arraigned, and of which he has not pleaded guilty. State v. West, 84 Mo. 440; State v. Barnes, 59 Id. 154; State v. Saunders, 53 Id. 234. A justice of the peace has special and limited jurisdiction, and must proceed in all cases in the mode prescribed by statute. Nothing will be presumed in favor of the jurisdiction of such a court, but, on the contrary, its jurisdiction must appear affirmatively upon the face of the proceedings. State v.…
1Opinion of the CourtBond, J.
This information charging the defendant with desecrating a graveyard was filed before a justice of the peace in Jefferson county, Missouri. Upon a change of venue to another justice in the same township, defendant, before trial, waived a formal arraignment and pleaded not guilty. Thereupon, an amended information was filed and the trial took place, wherein the defendant was convicted and appealed to the circuit court, where a change of venue was taken to Washington county, and upon a trial there defendant was convicted and his punishment assessed at $500, from which he prosecutes this appeal.
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2Cases cited1 opinion
- State v. VincentSupreme Court of Missouri · 1887
3Cited by3 opinions
- Armstrong v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- State v. MikelMissouri Court of Appeals · 1907
- State v. HullMissouri Court of Appeals · 1898