Legal Opinion

State v. Moss

Missouri Court of Appeals

Decided March 5, 1912PublishedCited by 1 opinion

Error to Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The court was without jurisdiction to try the cause, there being no transcript on file from the justice. State v. Metzger, 26 Mo. 65; State v. Cowden, 85 Mo. App. 403. (2) Neither the purported transcript of the justice nor the circuit court records show any arraignment or plea of defendant. State v. Llewellyn, 93 Mo. App. 469; State v. Sharpe, 119 Mo.

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1Opinion of the CourtCaulfield, J.

(after stating the facts). — The motion in arrest of judgment should have been sustained because the record failed to. show an arraignment or plea of the defendant either before the justice or in the circuit court. [State v. West, 84 Mo. 440.] It is true that after verdict, and while the motion was pending, this defect was attempted to be cured by the filing of a so-called amended transcript, but we are of the opinion that that filing came too late. The arraignment and plea of the accused are matters of substance and not of mere form. They must have occurred either before the justice or in…

2Cases cited11 opinions

State v. SaundersSupreme Court of Missouri · 1873
State v. MontgomerySupreme Court of Missouri · 1876
Smith v. ChapmanSupreme Court of Missouri · 1879
State v. WestSupreme Court of Missouri · 1884
State v. GeigerMissouri Court of Appeals · 1891

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3Cited by1 opinion

State v. O'KelleyMissouri Court of Appeals · 1913