Territory v. Shipley
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. 1. The indictment was defective in this: that the description of the property was loose and indefinite. It should have given the number and denomination of the bills alleged to be stolen, or excused the failure to do so, by proper averments. People v. Ball, 14 Cal. 101; People v. Bogart, 36 Cal. 245; Commonwealth v. Sawtello, 11 Cush. 142; Merwin v. People, 26 Mich. 298; Same Case, reported in 12 Am.
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Appeal from Third District, Lewis and Clarke County. 1. The indictment was defective in this: that the description of the property was loose and indefinite. It should have given the number and denomination of the bills alleged to be stolen, or excused the failure to do so, by proper averments. People v. Ball, 14 Cal. 101; People v. Bogart, 36 Cal. 245; Commonwealth v. Sawtello, 11 Cush. 142; Merwin v. People, 26 Mich. 298; Same Case, reported in 12 Am. Rep. 314; 2 Parker’s Grim. Rep. 37; 2 Bishop Grim. Pr. 692; Stewart v. Com. 4 Serg. & Rawle, 194; State v. Dowell, 3 Grill & J. 310; Com. v.…
1Opinion of the CourtGalbraith, J.
The record in this case does not show that the defendant was arraigned and pleaded to the indictment.
This is assigned as one of the reasons for the reversal of the judgment. No objection appears to have been made upon this ground in the court below and the defendant was duly tried after demurrer.
*472We cannot reverse the judgment for .the reason alone that the record does not show an arraignment and plea by the defendant. Where the record does not, as in this case, disclose such arraignment and plea, unless there is something to show affirmatively that the defendant was not arraigned and did not…
2Cases cited1 opinion
- Merwin v. PeopleMichigan Supreme Court · 1873
3Cited by6 opinions
- Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Lang v. StateSupreme Court of Florida · 1900
- Sullivan v. StateSupreme Court of Florida · 1902
- Territory v. BellMontana Supreme Court · 1885
- State v. DimondMontana Supreme Court · 1928
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