Maeder v. State
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. I. The State should have filed her plea or demurrer at the term at which the plea in abatement was filed, and the plea in abatement should have been determined at the term at which it was filed.
Read the full summary
APPEAL from St. Louis Criminal Court. I. The State should have filed her plea or demurrer at the term at which the plea in abatement was filed, and the plea in abatement should have been determined at the term at which it was filed. R. S., p. 811, sec. 19. The demurrer, if filed in time, might have been continued by consent, but at the term the continuance was had in this cause, no demurrer was filed, nor was there any filed until after the jury Were sworn to try the traverse and merits of the case. II. The court erred in entering judgment against the defendant when he refused to plead, hut…
1Opinion of the CourtMcBjxide, J.
John Maeder was indicted in the Criminal Court of St. Louis count]' for keeping a dram-shop without license. At the first term of the court thereafter, he appeared and filed a plea in abatement to the indictment, and the cause was continued until the next term. At the subsequent term, the circuit attorney filed a demurrer to the plea, which the court sustained, and thereupon proceeded (without the finding of a jury) to enter judgment against the defendant for $20. A -motion was made in arrest, which being overruled, the defendant excepted, and has brought the cause here by appeal.
The question…
2Cited by4 opinions
- State v. AndrewsSupreme Court of Missouri · 1858
- State v. KoernerSupreme Court of Missouri · 1872
- State v. O'KelleyMissouri Court of Appeals · 1913
- State v. WallaceMissouri Court of Appeals · 1885