State v. Wallace

Opinion by

Philips, P. J.

The defendant was indicted in the Maries circuit court for obstructing a public highway. On trial before a jury he was found guilty and adjudged to pay a fine of twenty dollars. From this judgment, after ineffectual motions for new trial and in arrest of judgment, he duly prosecuted his appeal to this court. The record fails to show that the defendant was ever arraigned under the indictment, or that any plea whatever was entered thereto by him on the order of the court. On the contrary it is clear that this matter was entirely overlooked by the court, or was not deemed…