Legal Opinion

State v. Koerner

Supreme Court of Missouri

Decided October 15, 1872PublishedCited by 5 opinions

Error to Jefferson Circuit Court.

1Opinion of the CourtAdams, Judge

This was an indictment for selling liquor as a dramshop keeper without license. The defendant was tried before a jury and a verdict of guilty found.

He put in no plea and none was entered for him.

A motion in arrest of judgment was filed and entertained and an order discharging the prisoner entered.

The motion in arrest was properly sustained. The statute re quires the Court to enter a plea of not guilty when the defendant fails to do so. The trial without entering the plea, was error for which the verdict might to have been set aside, and a new trial granted. (Maeder vs. The State, 11 Mo., 363;…

2Cases cited2 opinions

  1. State v. AndrewsSupreme Court of Missouri · 1858
  2. Maeder v. StateSupreme Court of Missouri · 1848

3Cited by5 opinions

  1. White v. CaldwellMissouri Court of Appeals · 1885
  2. People v. ZlotinckeAppellate Court of Illinois · 1909
  3. Steil v. Territory of OklahomaSupreme Court of Oklahoma · 1903
  4. Erdbruegger v. MeierMissouri Court of Appeals · 1883
  5. State v. O'KelleyMissouri Court of Appeals · 1913

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