State v. McClain
Supreme Court of Missouri
Appeal from Yernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The instructions given by the trial court when this case was tried before a jury, and previous to its former appeal to this court, are omitted from this brief because the only questions that are now to be considered are relative to the authority of the trial court to enter judgment and sentence in a proper form according to the directions of this court Tbe motions for a new trial and in arrest of judgment,…
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Appeal from Yernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The instructions given by the trial court when this case was tried before a jury, and previous to its former appeal to this court, are omitted from this brief because the only questions that are now to be considered are relative to the authority of the trial court to enter judgment and sentence in a proper form according to the directions of this court Tbe motions for a new trial and in arrest of judgment, made previous to the first- appeal to- this court, are also omitted because their sufficiency and the ruling of the trial…
1Opinion of the CourtSherwood, J.
This case has been here before, 137 Mo. 307. It is a prosecution for defiling a female under the age of 18. Owing to the failure of the trial court to have defendant present at the time judgment was rendered on the verdict or what is tantamount thereto, to have the record affirmatively show that fact, the judgment was reversed and the cause remanded in order that defendant might be present when *101judgment should be rendered and sentence passed upon him. This has been done by the lower court in conformity with our mandate, and defendant appeals.
This reversal, however, only had its effect on the…
2Cases cited1 opinion
- State v. McClainSupreme Court of Missouri · 1897
3Cited by8 opinions
- State ex rel. Boner v. BolesWest Virginia Supreme Court · 1964
- State Ex Rel. Shetsky v. UtechtSupreme Court of Minnesota · 1949
- Ex Parte LydeCourt of Criminal Appeals of Oklahoma · 1920
- Johnson v. State Ex Rel. EymanCourt of Appeals of Arizona · 1966
- State v. RobyIdaho Supreme Court · 1927
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