Ransom v. State
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. G. S. Cunningham, Judge. 1. Appellant was entitled to testify in his own behalf. Acts 1885, p. 126. Sec. 285p, Mans/. Dig., only applies to civil cases, and there is no exception in the act of 1885. 2. The record does not show that defendant was arraigned,, or that he waived it. jp Ark., 180. Concedes that appellant had the right to testify in his own behalf. Whart. Cr. Ev.,par. /¡2p; 6j Barb., 6jo. There is no other error.
1Opinion of the CourtSmith, J.
The record does not show that the indictment was read to the defendant and that he was required to say in open court whether or not he was guilty of what was therein alleged against him. But it does show that he entered his plea of not guilty and announced himself as ready to proceed to trial. As the object of an arraignment is to obtain defendant’s plea, and as it may be dispensed with by the court with his consent, it follows that if he voluntarily pleads to the indictment without being formally arraigned, and the court accepts his plea, this is an implied waiver of his right to hear the…
2Cited by13 opinions
- Clubb v. StateSupreme Court of Arkansas · 1959
- Davidson v. StateSupreme Court of Arkansas · 1913
- Hawkins v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Smith v. StateSupreme Court of Arkansas · 1905
- Ellingburg v. StateSupreme Court of Arkansas · 1973
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