State v. Saunders
Supreme Court of Missouri
Jlppeal from Lafayette Circuit Court. I. The court erred in sustaining the motion for an entry of “ not guilty ” — “ nunc pro tuncP Our Statute, (W. S., 1095, § 5,) peremptorily requires the plea of “not guilty” to be entered for a defendant at the time of, or when he “shall be arraigned upon any indictment” —if he deny the charge in any form, or require a trial, or if he refuse to plead or answer, and in all cases, When he does not confess the indictment to be true.
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Jlppeal from Lafayette Circuit Court. I. The court erred in sustaining the motion for an entry of “ not guilty ” — “ nunc pro tuncP Our Statute, (W. S., 1095, § 5,) peremptorily requires the plea of “not guilty” to be entered for a defendant at the time of, or when he “shall be arraigned upon any indictment” —if he deny the charge in any form, or require a trial, or if he refuse to plead or answer, and in all cases, When he does not confess the indictment to be true. See. 1, Art. 11, p. 1101, W. S. provides, that “all issues of fact in any criminal cause, shall be tried by a jury.” Until this…
1Opinion of the CourtWagner, Judge
The accused was indicted for murder in the first degree, and upon a trial, was convicted of the offense of murder in the second degree. After verdict, a motion was made for a new trial, and also in arrest of judgment — both of which motions were overruled. The principal reason assigned in the motion in arrest, was, that the record did not show that the defendant was ever arraigned, or that a plea of not guilty was entered. After this motion was made, the prosecuting officer for the State moved to have a plea of not guilty entered of record, nunc pro tunc, which the court sustained; But it is…
2Cases cited3 opinions
- State v. BraunschweigSupreme Court of Missouri · 1865
- State v. WeberSupreme Court of Missouri · 1855
- State v. JoeckelSupreme Court of Missouri · 1869
3Cited by23 opinions
- State v. GrateSupreme Court of Missouri · 1878
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. WaltonOregon Supreme Court · 1907
- People v. MonaghanCalifornia Supreme Court · 1894
- State v. MontgomerySupreme Court of Missouri · 1876
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