State v. Zimmerman

• Decision Date: 06 December 1909
• Citation: 123 S.W. 67
• Court: Missouri Court of Appeals
• Parties: STATE v. ZIMMERMAN.<SMALL><SUP>†</SUP></SMALL>

123 S.W. 67

STATE v.ZIMMERMAN.^†

Springfield Court of Appeals. Missouri.

December 6, 1909.

CRIMINAL LAW (§ 261)—REARRAIGNMENT.

The rule that a plea of not guilty is not withdrawn by filing a motion to quash, and that on the overruling of the motion a rearraignment is unnecessary, applies to misdemeanors as well as to felonies.

Appeal from Circuit Court, Newton County; F. C. Johnson, Judge.

Louisa Zimmerman was convicted of violating the local option law, and she appeals.Affirmed.

D. W. Roper and R. M. Sheppard, for appellant.Thos. M. Saxton, for the State.

COX, J.

Information filed by prosecuting attorney, charging defendant with a violation of the local option law.Plea of not guilty entered, and after entering this plea a motion to quash the information was filed by the defendant, alleging as grounds therefor that the local option law is unconstitutional.This motion was overruled, and the case then proceeded to trial, resulting in a conviction and fine of $300.Defendant was granted an appeal to the Supreme Court, because the constitutionality of the local option law was challenged.The Supreme Court refused to take jurisdiction, and transferred the cause to the St. Louis Court of Appeals, from whence it has reached this court for determination.

The sole question presented by the record here is whether or not the court erred in putting defendant upon trial without the formality of a second arraignment after overruling the motion to quash.It was held by the Supreme Court in State v. Reeves, 97 Mo. 672, 10 S. W. 841, 10 Am. St. Rep. 349, andState v. Gieseke, 209 Mo., loc. cit. 340, 108 S. W. 525, that in felony cases a demurrer or motion to quash, filed after plea, did not have the effect to withdraw the plea, and upon demurrer or motion to quash being overruled the defendant was then triable without another arraignment.The St. Louis Court of Appeals held in the case of State v. Meagher, 49 Mo. App. 571, that...