Supreme Court of Missouri, 1885

State v. Vanhook

Supreme Court of Missouri · Decided October 15, 1885 · Henry

88 Mo. 105

Cases that cite this one

10 later published cases cite this decision.

Browning v. State (Neb. 1898)
United States v. Molloy (U.S. Circuit Court for the District of Eastern Missouri 1887)
State v. Trabbold (Superior Court of Delaware 1952)
State v. Poynter (Idaho 1921)
State v. O'Kelley (Mo. Ct. App. 1913)
Burroughs v. State (Neb. 1913)
State v. Ambrose (Mo. Ct. App. 1907)
State v. Walton (Or. 1907)
Dansby v. United States (Court Of Appeals Of Indian Territory 1899)
Gaines v. United States (Court Of Appeals Of Indian Territory 1895)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Henry, C. J.

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. 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.