Arbuckle v. State
Mississippi Supreme Court
From the circuit court of Tallahatchie county. Hon. Frank E. Larkin, Judge. Arbuckle, the appellant, was indicted and convicted of manslaughter in the circuit court of Tallahatchie county, the charge being that he killed, unlawfully, willfully and feloniously, one George Newton, in said county, January 17, 1900. He was convicted, sentenced to the penitentiary for two years, and ajipealed to the supreme court.
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From the circuit court of Tallahatchie county. Hon. Frank E. Larkin, Judge. Arbuckle, the appellant, was indicted and convicted of manslaughter in the circuit court of Tallahatchie county, the charge being that he killed, unlawfully, willfully and feloniously, one George Newton, in said county, January 17, 1900. He was convicted, sentenced to the penitentiary for two years, and ajipealed to the supreme court. The principal contention in the supreme court for a reversal of the judgment was predicated of the fact that the record failed to show that appellant was arraigned on the indictment and…
1Opinion of the CourtWhiteield, C. J.
We think § 48 Y0 of the code of 1892 covers the character of objections made here as to the arraignment. No objection of any kind was made in the court below on the ground that the record showed no arraignment or plea of not guilty. Such failure to show arraignment and plea is cured by the failure to object in the court below. It was competent for the legislature to provide that the failure to object on the ground that there was omission in the record to show any fact not jurisdictional should preclude the appellant from making the point here, but it was not competent for the legislature to…
2Cases cited9 opinions
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