State v. Saunders
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | WAGNER |
| Citation | 53 Mo. 234 |
| Parties | STATE OF MISSOURI, Respondent, v. FERDINAND SAUNDERS, Appellant. |
| Decision Date | 31 July 1873 |
53 Mo. 234
STATE OF MISSOURI, Respondent,
v.
FERDINAND SAUNDERS, Appellant.
Supreme Court of Missouri.
July Term, 1873.
Appeal from Lafayette Circuit Court.
H. C. Wallace, for Appellant.
I. The court erred in sustaining the motion for an entry of “not guilty”-- “““ nunc pro tunc.”
Our Statute, (W. S., 1095, § 5,) peremptorily requires the plea of “not guilty” to be entered for a defendant at the time of, or when he “shall be arraigned upon any indictment”--if he deny the charge in any form, or require a trial, or if he refuse to plead or answer, and in all cases, when he does not confess the indictment to be true. Sec. 1, Art. 11, p. 1101, W. S. provides, that “all issues of fact in any criminal cause, shall be tried by a jury.” Until this plea is entered, there is no issue to be tried, and there can be no trial. (Maeder vs. State, 11 Mo., 363; Thomas vs. State, 6 Mo., 457; Ross vs. State, 9 Mo., 687; State vs. Andrews, 27 Mo., 267.) Even when the cause had been tried by the court, the
[53 Mo. 235]
judgment was reversed, because the plea of “not guilty” was not entered. ( Ib., p. 268.)
The case of the State vs. Weber, 22 Mo., 321 in no wise militates against, but confirms and supports the position here taken. There, after the trial had progressed and the State had examined in chief the first witness, it was discovered that defendant had not been formally arraigned. Thereupon, the court ordered that the defendant should be formally arraigned, which was done accordingly; and, thereupon, the defendant pleaded “not guilty.” In the case at bar, it was never discovered that the defendant had not been arraigned and had not pleaded “not guilty,” until the next day after the jury was discharged, nor until defendant filed his motion in arrest on this and other grounds.
The decision in the case of State vs. Andrews, 27 Mo., 267, later than State vs. Weber, 22 Mo., supra, shows, that this court did not intend to dispense with or qualify the requirements of the statute as to this plea of ““not guilty.” (See also, State vs. Braunschweig, 36 Mo., 397; and State vs. Mathews, 20 Mo., 55.)
The court below had no authority to enter the plea of “not guilty.” It did not “judicially appear of record,” that defendant had pleaded “not guilty” as required in State vs. Weber, 22 Mo., 321. (Thompson vs. Miller, 2 Stew., 470; Hyde vs. Curling, 10 Mo.,...
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State v. O'Kelley, No. 17763.
...not. The cases are too numerous to undertake to distinguish them. We will now review the decisions in our own state. In State v. Saunders, 53 Mo. 234, it was held that the failure of the record to show arraignment and plea was fatal. There was no discussion of authorities. That case was fol......
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State v. Salhus, 7377
...issue to be submitted [189 P.2d 394] to a jury, and the omission to plead is fatal to the judgment, even after verdict. (State v. Saunders, 53 Mo. 234; State v. Montgomery, 63 Mo. 296.)" In the case of State v. Chambers, 9 Idaho 673, at page 678, 75 P. 274, 276, cited in State v. Burwell, a......
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State v. Creighton, No. 31435.
...wanting, and the offense was not murder in the first degree. State v. Hudson, 59 Mo. 135; State v. Jackel, 44 Mo. 234; State v. Saunders, 53 Mo. 234; State v. Speyer, 207 Mo. 540, 106 S.W. 505, 14 L.R.A. (N.S.) 836. In the case of the State v. Weiners, 66 Mo. 24, the court used this languag......
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State v. Poynter
...v. State, 24 Tex. Ct. App. 535, 7 S.W. 244; Hicks v. State, 111 Ind. 402, 12 N.E. 522; State v. Agee, 68 Mo. 264; State v. Saunders, 53 Mo. 234; 1 Bishop, Crim. Proc., 3d ed., secs. 801 and 733; 1 Wharton, Am. Crim. Law, sec. 530. In Hopt v. Utah, 110 U.S. 574, 4 S.Ct. 202, 28 L.Ed. 262, th......
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State v. O'Kelley, No. 17763.
...not. The cases are too numerous to undertake to distinguish them. We will now review the decisions in our own state. In State v. Saunders, 53 Mo. 234, it was held that the failure of the record to show arraignment and plea was fatal. There was no discussion of authorities. That case was fol......
-
State v. Salhus, 7377
...issue to be submitted [189 P.2d 394] to a jury, and the omission to plead is fatal to the judgment, even after verdict. (State v. Saunders, 53 Mo. 234; State v. Montgomery, 63 Mo. 296.)" In the case of State v. Chambers, 9 Idaho 673, at page 678, 75 P. 274, 276, cited in State v. Burwell, a......
-
State v. Creighton, No. 31435.
...wanting, and the offense was not murder in the first degree. State v. Hudson, 59 Mo. 135; State v. Jackel, 44 Mo. 234; State v. Saunders, 53 Mo. 234; State v. Speyer, 207 Mo. 540, 106 S.W. 505, 14 L.R.A. (N.S.) 836. In the case of the State v. Weiners, 66 Mo. 24, the court used this languag......
-
State v. Poynter
...v. State, 24 Tex. Ct. App. 535, 7 S.W. 244; Hicks v. State, 111 Ind. 402, 12 N.E. 522; State v. Agee, 68 Mo. 264; State v. Saunders, 53 Mo. 234; 1 Bishop, Crim. Proc., 3d ed., secs. 801 and 733; 1 Wharton, Am. Crim. Law, sec. 530. In Hopt v. Utah, 110 U.S. 574, 4 S.Ct. 202, 28 L.Ed. 262, th......