State v. VanHook
| Decision Date | 31 October 1885 |
| Citation | 88 Mo. 105 |
| Parties | THE STATE v. VANHOOK, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Barry Circuit Court.--HON. W. F. GEIGER, Judge.
REVERSED.
J. M. Patterson for appellant.
B. G. Boone, Attorney General, for the state.
The defendant was indicted and convicted for selling beer on Sunday. He has appealed from the judgment of the circuit court, and the only error assigned which we deem it necessary to notice, is the failure of the record to show any arraignment of the defendant, and “this, under repeated adjudications, must accomplish the reversal of the judgment.” State v. Jaques, 68 Mo. 260; 53 Mo. 234. After the jury is sworn and the trial proceeds, and all the testimony relates to the guilt or innocence of the accused, in a misdemeanor case, it looks like trifling with justice to reverse the judgment, because the record fails to show an arraignment and plea of not guilty; but it has been held in a number of cases that this is a fatal error, and it is for the legislature, and not for this court to change the law on the subject. Judgment reversed and cause remanded.
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State v. O'Kelley
...and plea was fatal, without citing any authority, and without discussing the effects of the amendment of the statute. In State v. Vanhook, 88 Mo. 105, the court said: "After the jury is sworn and the trial proceeds, and all the testimony relates to the guilt or innocence of the accused, in ......
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The State v. Fitch
...arraignment and plea was fatal without citing any authority and without discussing the effects of the amendment of the statute. In State v. Vanhook, 88 Mo. 105, the court said: "After the jury is sworn and the trial proceeds, and all the testimony relates to the guilt or innocence of the ac......
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State v. O'Kelley
... ... Many of the ... decisions seem to follow form rather than substance and to ... adhere to precedents solely because they are precedents, ... forgetting that when the reason on which a rule of law is ... based changes the law itself changes with it. [ State v ... Vanhook, 88 Mo. 105.] ... The ... very frequency with which this question comes before the ... appellate courts, as well as our limited experience with the ... practice in trial courts, shows that the matter of ... arraignment and entering a plea has [173 Mo.App. 184] ceased ... to ... ...
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State v. Poynter
...there was nothing to try; if the record failed to show an arraignment and plea prior to trial, the proceedings were a nullity. In State v. Vanhook, 88 Mo. 105, that court held that failure of the record to show a plea was fatal, and it was for the legislature, not the court, to change the l......