Hayden v. State
Supreme Court of Arkansas
ERROR to Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. Hayden was convicted of grand larceny. By motions for a new trial and in arrest of judgment he, after verdict, for the first time objected that he was not arraigned, and that he had not pleaded to the indictment.
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ERROR to Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. Hayden was convicted of grand larceny. By motions for a new trial and in arrest of judgment he, after verdict, for the first time objected that he was not arraigned, and that he had not pleaded to the indictment. The record discloses that when the cause came on to be heard on the indictment and evidence, the State being present by her attorney and the defendant being present in. person and by attorney, both parties announced themselves ready for trial, and defendant waived the drawing of a jury; that the jury were…
1Opinion of the CourtGockrill, C. J.
In the case of Ransom v. State, 49 Ark., 176, it was ruled that a plea of not guilty waived arraignment, where that form had been omitted. Following up that lead it was held in Moore v. State, 51 Ark., 130, that the formal entry of the plea of not guilty, as well as arraignment, was waived by a defendant who voluntarily went to trial as upon a plea of not guilty. That is to say, we treated as done what the court and parties at the trial had regarded as done. But that case was a misdemeanor, and it is argued that it should not rule in this which is a conviction for felony. The reasons which…
2Cited by23 opinions
- Simpson v. StateSupreme Court of Arkansas · 1892
- Clubb v. StateSupreme Court of Arkansas · 1959
- Davidson v. StateSupreme Court of Arkansas · 1913
- State v. ReddingtonSouth Dakota Supreme Court · 1895
- Bowman v. StateSupreme Court of Arkansas · 1909
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