State v. Sell

In this case we have to deal with a very imperfect record. It appears from the judgment of the circuit court that this proceeding originated before a justice of the peace, where the defendant was charged *161■with a misdemeanor. He was convicted before the justice, and on appeal the circuit court affirmed the judgment. Subsequently the defendant moved in arrest, upon the ground that the transcript of the justice failed to show an arraignment or plea. The circuit court not only sustained the motion and- set aside the judgment of affirmance, but also by its judgment discharged the defendant. From…