State v. Ambrose

• Court: Kansas Court of Appeals
• Writing for the Court: ELLISON, J.
• Citation: State v. Ambrose, 102 S.W. 590, 125 Mo. App. 464 (Kan. App. 1907)
• Decision Date: 20 May 1907
• Parties: THE STATE OF MISSOURI, Respondent, v. FRED AMBROSE, Appellant

102 S.W. 590

125 Mo.App. 464

THE STATE OF MISSOURI, Respondent, v. FRED AMBROSE, Appellant

Court of Appeals of Missouri, Kansas City

May 20, 1907

Appeal from Jasper Circuit Court.--Hon. Howard Gray, Judge.

REVERSED AND REMANDED.

Judgment reversed and cause remanded.

R. A. Mooneyham for appellant.

There was no arraignment of the defendant. There was therefore no issue to be tried by the jury. State v. Lewellen, 93 Mo.App. 469; State v. Hull, 73 Mo.App. 300; State v. VanHook, 88 Mo.App. 105; State v. Sharpe, 95 S.W. 298.

W. N. Andrews and H. L. Bright, for respondent, filed no brief.

OPINION

ELLISON, J.

The defendant was convicted of petit larceny before a justice of the peace and again on appeal in the circuit court. The record does not show an arraignment and hence the conviction was without warrant of law. [State v. Lewellyn, 93 Mo.App. 469, 67 S.W. 677; State v. VanHook, 88 Mo. 105.] The judgment will be reversed and the cause remanded. All concur.