State v. Hull

Missouri Court of Appeals

State v. Hull

73 Mo. App. 300, 1898 Mo. App. LEXIS 55

CourtMissouri Court of Appeals

DecidedJanuary 18, 1898

StatusPublished

Cited by1 cases

This text of 73 Mo. App. 300 (State v. Hull) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hull, 73 Mo. App. 300, 1898 Mo. App. LEXIS 55 (Mo. Ct. App. 1898).

Pincite

Opinion

Bland, P. J.

The defendant was charged of wife abandonment, tried by a jury, found guilty, and a judgment rendered against him on the verdict, from which he was duly appealed to this court.

No bill of exception was filed, hence the case is here upon the record proper. The pleadings by which an issue of fact is raised for trial by jury are a part of the record proper. In a criminal case the charge of guilt is made by the indictment or information; this fact is put in issue by the plea of not guilty; this plea under our practice is made upon an arraignment of the [301]*301defendant and hearing of his plea in open court, which must be noted on the minutes of the court and entered upon its record. A plea of not guilty was not made in this case, as is shown by the record. In the absence of this plea no issue of fact was raised for trial by a jury; none upon which evidence could be heard or a verdict rendered.- This 'is reversible error. State v. Walker, 119 Mo. 467; State v. Williams, 117 Mo. 379; State v. Hoffman, 70 Mo. App. 271; State v. Haycroft, 49 Mo. App. 488; State v. Hubbell, 55 Mo. App. 262; State v. Geiger, 45 Mo. App. 111. Judgment reversed and cause remanded.

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Bland, P. J.

The defendant was charged of wife abandonment, tried by a jury, found guilty, and a judgment rendered against him on the verdict, from which he was duly appealed to this court.

No bill of exception was filed, hence the case is here upon the record proper. The pleadings by which an issue of fact is raised for trial by jury are a part of the record proper. In a criminal case the charge of guilt is made by the indictment or information; this fact is put in issue by the plea of not guilty; this plea under our practice is made upon an arraignment of the [301]*301defendant and hearing of his plea in open court, which must be noted on the minutes of the court and entered upon its record. A plea of not guilty was not made in this case, as is shown by the record. In the absence of this plea no issue of fact was raised for trial by a jury; none upon which evidence could be heard or a verdict rendered.- This 'is reversible error. State v. Walker, 119 Mo. 467; State v. Williams, 117 Mo. 379; State v. Hoffman, 70 Mo. App. 271; State v. Haycroft, 49 Mo. App. 488; State v. Hubbell, 55 Mo. App. 262; State v. Geiger, 45 Mo. App. 111. Judgment reversed and cause remanded.

All concur.

Cite This Page — Counsel Stack

Bluebook (online)

73 Mo. App. 300, 1898 Mo. App. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hull-moctapp-1898.

Opinion

Related

Cite This Page — Counsel Stack