State v. Weeden
Supreme Court of Missouri
Appeal from Polk Circuit Court.— Hon. Aegus Cox, J udge. (1) The record fails to show an arraignment and the conviction can not stand.
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Appeal from Polk Circuit Court.— Hon. Aegus Cox, J udge. (1) The record fails to show an arraignment and the conviction can not stand. State v. Williams, 117 Mo. 379; State v. Walker, 119 Mo. 468. (2) The record must show that what took place amounted to an arraignment. .Fitzpatrick v. People, 98 111. 260; Lynch v. Commonwealth, 88 Pa. 193; Ray v. People, 6 Colo. 231. (3) An arraignment consists in reading the indictment to the defendant and asking him whether he is guilty or not guilty of the offense charged therein. 1 Bishop’s Crim. Proe. [1 Ed.], sec. 412. (4) It was error for the court to…
1Opinion of the CourtBurgess, J.
This is an appeal by defendant from a judgment of the Polk circuit court, whereby he was sentenced to imprisonment for two years in the penitentiary, upon the verdict of a jury in that court finding him guilty of feloniously assaulting, cutting, and stabbing with a knife, a deadly weapon, with intent to kill, one B.> B. Temple, and fixing his punishment as above indicated.
On the eighteenth day of May, 1894, Temple was ploughing in his field, and defendant, passing near by, stopped to see him about the payment for some posts, which Temple had gotten from one Whitney, *75and which defendant…
2Cases cited10 opinions
- State v. HaysSupreme Court of Missouri · 1856
- State v. GrateSupreme Court of Missouri · 1878
- State v. SchoenwaldSupreme Court of Missouri · 1860
- State v. YergerSupreme Court of Missouri · 1885
- State v. SaundersSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- Ramsey v. StateSupreme Court of Florida · 1934
- State v. RounerSupreme Court of Missouri · 1933
- State v. ParkerMissouri Court of Appeals · 1964
- State v. GordonSupreme Court of Missouri · 1905
15 more not listed; retrieve them via the Exa API.