State v. Reeves
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. G. H. Burckhartt, Judge. (1) The defendant was tried without arraignment or plea. There being no plea, there was no issue. A plea is indispensable. A verdict rendered in the absence of any such plea cannot stand.
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Appeal from Callaway Circuit Court. — Hon. G. H. Burckhartt, Judge. (1) The defendant was tried without arraignment or plea. There being no plea, there was no issue. A plea is indispensable. A verdict rendered in the absence of any such plea cannot stand. People r>. Heller, 2 Utah, 138 ; State v. Agee, 68 Mo. 264 ; State v. West, 84 Mo. 440 ; State v. Montgomery, 63 Mo. 296; State v. Barnett, 63 Mo. 300; State v. Barnes, 59 Mo. 154. (2) Under our practice in criminal cases, motions to quash and demurrers are without distinction. A plea of not guilty and a motion to quash are inconsistent and…
1Opinion of the CourtSherwood, J.
Indicted for the seducing and debauching, under the promise of marriage, Zerelda Hall, the defendant, put upon his trial, was found guilty, his punishment assessed at three years in the penitentiary - judgment and sentence accordingly, and he appeals to this court. For the reversal of the judgment, numerous grounds are assigned, which are to be passed upon in this opinion.
*672I. The motion to quash .the indictment, though filed with the consent of the court, and after a plea of not guilty entered, but not withdrawn, did not have the effect of withdrawing that plea. A motion to quash is in the…
Also in this document: Concurrence.
2Cases cited8 opinions
- Armstrong v. . PeopleNew York Court of Appeals · 1877
- State v. PattersonSupreme Court of Missouri · 1885
- State v. ForsytheSupreme Court of Missouri · 1886
- Johnston v. StateSupreme Court of Missouri · 1841
- Price v. Inhabitants of BreckenridgeSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State v. FaulknerSupreme Court of Missouri · 1903
- State v. HendersonSupreme Court of Missouri · 1905
- State v. PrimmSupreme Court of Missouri · 1889
- State ex rel. Butler v. FosterSupreme Court of Missouri · 1905
- State v. FoggSupreme Court of Missouri · 1907
32 more not listed; retrieve them via the Exa API.