State v. Braunschweig
Supreme Court of Missouri
Appeal from the St. Louis Criminal Court. The statute expressly recognizes the right of the defendant to be arraigned. (R. C. 1855, p. 1180, § 22; 22 Mo. 321; 27 Mo. 267 ; State v. Mathews, 20 Mo. 56.) The second point is, that the verdict was rendered in the absence of defendant. The statute is positive. (R. C. 1855, p. 1191, § 16.) Defendant has the right to poll the jury, which is taken from him if the verdict is rendered in his absence. The authorities are uniform.
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Appeal from the St. Louis Criminal Court. The statute expressly recognizes the right of the defendant to be arraigned. (R. C. 1855, p. 1180, § 22; 22 Mo. 321; 27 Mo. 267 ; State v. Mathews, 20 Mo. 56.) The second point is, that the verdict was rendered in the absence of defendant. The statute is positive. (R. C. 1855, p. 1191, § 16.) Defendant has the right to poll the jury, which is taken from him if the verdict is rendered in his absence. The authorities are uniform. (State v. Buckner, 25 Mo. 167; State v. Cross, 27 Mo. 332; State v. Mathews, 20 Mo. 55; 1 Archb. Cr. PI. 173, note 2 ; 1…
1Opinion of the CourtWagner, Judge
The defendant was indicted in the Criminal Court of St. Louis for grand larceny. The indictment contained two counts ; the jury found the defendant guilty on the second, and acquitted him on the first. The record states that defendant appeared in proper person, and also by counsel, at the trial, and waived the reading of the indictment and plead not guilty. It also shows that after the evidence was submitted to the jury, as well on behalf of the State as the defendant, and the arguments of the respective counsel were had, the jury retired to consider of their verdict; that after agreeing on a…
2Cases cited3 opinions
- State v. CrossSupreme Court of Missouri · 1858
- State v. MatthewsSupreme Court of Missouri · 1854
- State v. BucknerSupreme Court of Missouri · 1857
3Cited by18 opinions
- State v. HopeSupreme Court of Missouri · 1889
- State v. RaySupreme Court of Missouri · 1873
- State v. NealSupreme Court of Missouri · 1943
- State v. WaySupreme Court of Kansas · 1907
- State v. JonesSupreme Court of Missouri · 1875
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