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74 Mo. 303

State v. McCray

Supreme Court of Missouri

Decided October 15, 1881

Supreme Court of Missouri · decided 1881-10-15

— Hon. E. J. Broaddus, J udge. This was an information for obstructing a public road, originally drawn in two counts. There was a nol. pros, as to the second count.

Good law ✅— No negative treatment on recordhow we know

Aeeirmed · Decided 1881-10-15

How this case has been cited

Cited by 14 later decisions (1 by the Supreme Court) — most recently June 1931

13 state decisions

60188118901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1I.

Sherwood, C. J.

¶2There is no motion for new trial incorporated in the bill of exceptions; consequently, what occurred at the trial in the way of evidence adduced, or instructions given or refused, cannot be noticed by us. *306The rule in this regard is the same in criminal as in civil causes.

¶3II.

¶4There was no error in permitting the prosecuting attorney to file an amended affidavit to the information. He had already filed an affidavit at the time he filed the information, and the statute is express that when he has done so, he may file an amended affidavit. Meyer’s Supplt., p. 309, § 48.

¶5III.

¶6The information is well enough as to form'and sufficiently describes the offense.

¶7IY.

¶8We think it evident that the defendant did, in fact, waive a formal arraignment and enter a plea of not guilty. The record shows as much. In such circumstances, it was certainly competent for the court to make the proper entry nunc pro tunc. If, however, there had been no issue raised by the defendant pleading not guilty, of course an entry nunc pro tunc could not cure such a defect.. The only object of such an entry is, not to supply facts, but simply record evidence of that which actually occurred and should have been entered upon the record at the time. The authorities cited for the State do not aj)ply to a case like the present. Finding no error relating to the trial we can examine, and none in the record proper, we affirm the judgment.

All concur.
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