¶1The 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. Ja*106ques, 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 j nstice 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.
88 Mo. 105
State v. Vanhook
Decided October 15, 1885
Supreme Court of Missouri · decided 1885-10-15
<p>Criminal Practice : arraignment of defendant. The - Supreme Court will reverse a judgment in a criminal case where the record fails to show an arraignment of the defendant.</p>
Relies on State v. Jaques · State v. Saunders
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1885-10-15
How this case has been cited
Cited by 8 later decisions — most recently September 1952
5 state decisions
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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