State v. O'Kelley
Supreme Court of Missouri
Appeal from Dade Circuit Court — Hon. B. 6r,. Thurman, Judge. The court erred in refusing to grant defendants a new trial upon their motion and showing that there had been no arraignment or waiver of the same and that the record failed to disclose any arraignment or waiver. The arraignment of one accused on a criminal charge is an indispensable prerequisite to a legal trial. State v. Witherspoon, 231 Mo. 706; State v. Moss, 164 Mo. App. 379; State v. Mikel, 125 Mo.
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Appeal from Dade Circuit Court — Hon. B. 6r,. Thurman, Judge. The court erred in refusing to grant defendants a new trial upon their motion and showing that there had been no arraignment or waiver of the same and that the record failed to disclose any arraignment or waiver. The arraignment of one accused on a criminal charge is an indispensable prerequisite to a legal trial. State v. Witherspoon, 231 Mo. 706; State v. Moss, 164 Mo. App. 379; State v. Mikel, 125 Mo. App. 289. (1) We ¡desire first to call the attention of the court to Sec. 5230, R. S. 1909, which reads as follows: ‘ ‘ The…
1Concurrence
FARIS, J. —
I concur with, my brethren of this division in adopting the opinion of Roy, C., but I deem the importance of the holding such, as that a decent respect for the opinions of bench, bar and laity impel a more extended review of the compelling reasons which urge me to give my assent to a doctrine which in this State is well nigh revolutionary. I am not concurring and shall not concur for any half-way or halfhearted reason, as for that in the instant case, counsel spoke into the bill of exceptions, unintentionally and by inadvertence, a plea of not guilty, which plea was thus preserved…
2Cases cited44 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- People v. . BradnerNew York Court of Appeals · 1887
- Hack v. StateWisconsin Supreme Court · 1910
- State v. StraubWashington Supreme Court · 1896
- Parkinson v. PeopleIllinois Supreme Court · 1890
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