Anderson v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Milwaukee County. The plaintiff in error was indicted for larceny, and was convicted and sentenced, after which he sued out a writ of error upon grounds stated in the opinion of the court.
1Opinion of the CourtJacesoN, J.
It is a general rule, applicable to all indictments, that before a party who is indicted shall be put upon his trial, he must be arraigned and plead to the indictment. Arch. C. L., 114. If the defendant stands mute and refuses to plead, the court will direct a plea of not guilty to be entered, whereupon the trial may proceed in the same manner as if he had pleaded in person. Whart. Crim. Law, 134; R. S., ch. 146, sec. 11. In the arraignment of a prisoner, greater strictness and formality are usually observed in felonies, and especially in capital felonies, than in misdemeanors. In all cases,…
2Cases cited2 opinions
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
- Mason v. BrazierSupreme Court of Alabama · 1840
3Cited by2 opinions
- Hack v. StateWisconsin Supreme Court · 1910
- Hack v. StateWisconsin Supreme Court · 1910