United States v. Molloy
U.S. Circuit Court for the District of Eastern Missouri
Indictment under B,ev. St. U. S., § 5512, for fraudulent registration of voters in St. Louis, Missouri. For Missouri statute relative to registration of voters in cities of over 1,000, see Sess. Laws Mo. 1883, p. 38. There was no formal arraignment and plea.
1ConcurrenceThayer, J.
I concur in the. ruling that the failure of the record to show a formal arraignment of the defendant is no ground, under the circumstances of this case, for granting a now trial. While the rule is firmly established in the state of Missouri that the court of last resort will award a new trial in all criminal cases, whether of felonies or misdemeanors, if the record fails to show a formal arraignment, (State v. Vanhook, 88 Mo. 105; State v. Jaques, 68 Mo. 260, and State v. Saunders, 53 Mo. 234,) yet I regard our action in this case as controlled by a federal statute. Section 1025, Rev. St. U.…
2Cases cited4 opinions
- State v. JaquesSupreme Court of Missouri · 1878
- State v. SaundersSupreme Court of Missouri · 1873
- State v. VanhookSupreme Court of Missouri · 1885
- United States v. McKeeU.S. Circuit Court for the District of Eastern Missouri · 1876