State v. Williams
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Hon. Joseph Cravens, Judge. The defendant should have been arraigned- after the withdrawal of his plea of not guilty, and overruling the demurrer. 'State v. Beeves, 97 Mo. 668. The record in this case fails to show that defendant was arraigned or entered a plea to the indictment at any time during either trial of this case. Under the repeated ruling of this court, this is essential, and the cause must be reversed and remanded.
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Appeal from Barry Circuit Court. — Hon. Joseph Cravens, Judge. The defendant should have been arraigned- after the withdrawal of his plea of not guilty, and overruling the demurrer. 'State v. Beeves, 97 Mo. 668. The record in this case fails to show that defendant was arraigned or entered a plea to the indictment at any time during either trial of this case. Under the repeated ruling of this court, this is essential, and the cause must be reversed and remanded. State v. Agee, 68 Mo. 264; State v. Montgomery, 63 Mo. 296; State v. Sawnder's, 53 Mo. 234; Revised Statutes 1889, sec. 4141.
1Opinion of the CourtGantt, P. J.
— The indictment in this ease was returned by the grand jury of Lawrence county on the fourth day of February, 1891. The defendant was convicted at the October term, 1891. The bill of exceptions was filed January 19, 1892, and the clerk of the circuit court of Barry county, certified this record on the thirtieth day of January, 1892, and yet this transcript was not filed in this court for want of docket fee until May 2, 1893.
There was no arraignment of defendant before he was put on trial, and, of course, this cause must be reversed, for that reason.
It would seem that some method should be…
2Cited by8 opinions
- Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
- Barker v. StateNebraska Supreme Court · 1898
- State v. O'KelleySupreme Court of Missouri · 1914
- State v. HopperSupreme Court of Missouri · 1898
- State v. LlewellynMissouri Court of Appeals · 1902
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