State v. Arthur
Missouri Court of Appeals
Appeal from, Jasper Circuit Court. — Hon. E. C. Devore, Special Judge. The case is .stated in tlie opinion. (1) The defendant’s appeal having been regularly taken to the circuit court, that court had jurisdiction of the cause, and the arraignment of defendant in the circuit court was proper and entitled defendant to a trial.
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Appeal from, Jasper Circuit Court. — Hon. E. C. Devore, Special Judge. The case is .stated in tlie opinion. (1) The defendant’s appeal having been regularly taken to the circuit court, that court had jurisdiction of the cause, and the arraignment of defendant in the circuit court was proper and entitled defendant to a trial. State v. West, 84 Mo. 440. (2) The defendant was put in jeopardy by the empaneling and swearing of the jury in this cause on the twenty-ninth day of September, 1885, and the discharge of the jury without further submitting the case to them by the court, was an acquittal,…
1Opinion of the CourtHall, J.
— This was a prosecution instituted before a justice of the peace by information, charging the defendant with a misdemeanor. The defendant was convicted in the justice’s court, and he appealed to the circuit court.
In the latter court the defendant filed a motion asking that the case be dismissed for the following reasons : “ Because the defendant was never arraigned and never pleaded to the information, and no plea was ever entered before the justice in the cause by and for the defendant.” The court denied the motion. Having been arraigned in the circuit court, the defendant refused to plead'…
2Cases cited2 opinions
- State v. HaysSupreme Court of Missouri · 1883
- State v. GowingMissouri Court of Appeals · 1887
3Cited by1 opinion
- Kent v. StateCourt of Criminal Appeals of Oklahoma · 1912