State v. Bishop
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. B. J. Casteel, Special J acLge. Statement of case by the court. The information was for obstructing a public road by building a fence in it. At a special term, May 28, 1885, defendant pleaded not guilty, and the cause was continued. At the regular June term, 1885, defendant filed a motion to quash, June 18, 1885, which was overruled.
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Appeal from Buchanan Circuit Court, Hon. B. J. Casteel, Special J acLge. Statement of case by the court. The information was for obstructing a public road by building a fence in it. At a special term, May 28, 1885, defendant pleaded not guilty, and the cause was continued. At the regular June term, 1885, defendant filed a motion to quash, June 18, 1885, which was overruled. On June 29, at the same term, the following entry was made: “ Comes now the prosecuting attorney, and the defendant being in open court, now here, by agreement of parties in writing, this cause, as well as the six…
1Opinion of the CourtEltison, J.
I. Defendant’s first objection is that he should have been re-arraigned after his motion to quash was overruled, and before the jury was sworn, on the ground that his motion to quash operated as a with-' drawal of his plea theretofore entered. It will be observed, from the statement, that he wsis regularly arraigned and his plea ,of not guilty entered at the special term on May 28th, and that afterwards at the regular June term, he filed his motion to quash the information without first obtaining leave of court.
On this motion being overruled, and after the jury was sworn, defendant was again…
2Cases cited5 opinions
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- State v. WallSupreme Court of Missouri · 1851
- Kanaga v. St. Louis, Lawrence & Western RailroadSupreme Court of Missouri · 1882
- State v. WaltersSupreme Court of Missouri · 1879
- Schultz v. LindellSupreme Court of Missouri · 1867
3Cited by4 opinions
- Lee v. SmithMissouri Court of Appeals · 1972
- State v. MacyMissouri Court of Appeals · 1896
- Bailey v. LindsayMissouri Court of Appeals · 1889
- State v. U. S. FrenchMissouri Court of Appeals · 1892