Sims v. State

BRIOKEN, P. J.'

The indictment contained four counts, and charged this appellant with the offense of an assault with intent to rob. No objection by demurrer, or otherwise, was interposed to the indictment, and the judgment entry shows, “the defendant being arraigned upon the indictment, for his plea thereto, says he is not guilty. Issue was then joined upon the defendant’s plea of not guilty.”

A plea of “not guilty” in a criminal case is an admission of the gerfuineness of an indictment, and operates as a waiver, by the accused, of all irregularity in the filing or presenting of it.

The state…