
    THE STATE OF MISSOURI, Respondent, v. FRED AMBROSE, Appellant.
    Kansas City Court of Appeals,
    May 20, 1907.
    CRIMINAL PROCEDURE: Arraignment. Tbe record must sbow that tbe defendant was arraigned or tbe conviction is erroneous.
    Appeal from Jasper Circuit Court. — No». Howard Gray, Judge.
    Reversed and remanded.
    
      
      B. A. Mooneyham for appellant.
    There was no arraignment of the defendant. There was therefore no issue to be tried by the jury. State v. Lewellen, 93 Mo. App. 469; State v. Hull, 73 Mo. App. 300; State v. VanHook, 88 Mo. App. 105; State v. Sharpe, 95 S. W. 298.
    
      W. N. Andrews and H. L. Bright, fór respondent, filed no brief.
   ELLISON, J.

The defendant was convicted of pet-it larceny before a justice of the peace and again on appeal in the circuit court. The record does not show an arraignment and hence the convictionwaswithoutwarrant of law. [State v. Llewellyn, 93 Mo. App. 469; State v. VanHook, 88 Mo. 105.] The judgment will be reversed and the cause remanded.

All concur.  