State v. Gowing
Missouri Court of Appeals
Appeal from * Jasper Circuit Court, Hon. E. C. Devore, Special Judge. Statement of case by the court. This was a prosecution instituted before a justice of the peace by information, charging the defendant with a misdemeanor. The defendant was convicted in the justice’s court, and he appealed to the circuit court.
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Appeal from * Jasper Circuit Court, Hon. E. C. Devore, Special Judge. Statement of case by the court. This was a prosecution instituted before a justice of the peace by information, charging the defendant with a misdemeanor. The defendant was convicted in the justice’s court, and he appealed to the circuit court. In the latter court, on motion of the state, the appeal was dismissed at the cost of the defendant and the sureties on the appeal bond, for the reason that the record of the proceedings in the justice’s court failed to show an arraignment of the defendant. The defendant has appealed…
1Opinion of the CourtHall, J.
The action of the circuit court was on the theory that the justice’s judgment was void, by reason of the failure to arraign defendant; that there was nothing to appeal from to the circuit court, and that, therefore, the appeal was improperly taken.
By section 2058, Revised Statutes, it is provided that any person, convicted before a justice of the peace for any misdemeanor, may appeal to the circuit or other court having jurisdiction in criminal' cases, by complying with the provisions of said section. By section 2063, Revised Statutes, a trial de novo in the circuit court of all cases…
2Cited by4 opinions
- State v. McNailMissouri Court of Appeals · 1965
- State v. GeigerMissouri Court of Appeals · 1891
- State v. SellMissouri Court of Appeals · 1895
- State v. ArthurMissouri Court of Appeals · 1888