State v. Mikel
Missouri Court of Appeals
Appeal from Boone Circuit Court. — No». Alexander N. Waller, Judge. (1) There was no formal arraignment of defendant or entry of plea, hence the judgment of the court is void. R. S. 1899, sec. 2561; State v. Geiger, 45 Mo. App. Ill; State v. Haycroft, 49 Mo. App. 488; State v. Hoffman, 70 Mo. App. 271; State v. Sharpe, 95 S. W. 299. Unless the record shows an arraignment the verdict must he set aside.
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Appeal from Boone Circuit Court. — No». Alexander N. Waller, Judge. (1) There was no formal arraignment of defendant or entry of plea, hence the judgment of the court is void. R. S. 1899, sec. 2561; State v. Geiger, 45 Mo. App. Ill; State v. Haycroft, 49 Mo. App. 488; State v. Hoffman, 70 Mo. App. 271; State v. Sharpe, 95 S. W. 299. Unless the record shows an arraignment the verdict must he set aside. State v. Saunders, 53 Mo. 234; State v. Pickels, 65 Mo. 431; State v. Barnett, 63 Mo. 300; State v. Jones, 61’ Mo. 232; State v. Ott, 49 Mo. 326; State v. Montgomery, 63 Mo.’ 296; State v. Agee,…
1Opinion of the CourtJohnson, J.
Defendant, .a druggist, was indicted and convicted in the circuit court of Boone county *289on a charge of selling intoxicating liquor in less quantity than three gallons without taking out or having a license as a dramshop keeper or any other legal authority to sell the same. The transcript fails to show that defendant was arraigned or that any plea was made to the indictment. This is a fatal defect. It is just as necessary in misdemeanor as in felony cases that the record should show these facts affirmatively. Until the defendant is arraigned and enters his plea, there are no issues to try or…
2Cases cited5 opinions
- State v. SaundersSupreme Court of Missouri · 1873
- State v. GeigerMissouri Court of Appeals · 1891
- State v. SharpeMissouri Court of Appeals · 1906
- State v. HaycroftMissouri Court of Appeals · 1892
- State v. HoffmanMissouri Court of Appeals · 1897
3Cited by2 opinions
- State v. MossMissouri Court of Appeals · 1912
- State v. O'KelleyMissouri Court of Appeals · 1913