Phillips v. People

At the May term, 1875, of the circuit court of Coles county, Phillips was indicted for the murder of Buckland, and was furnished with a copy of the indictment, and list of the witnesses and jurors, and arraigned in court. When called upon to say whether he was guilty or not guilty, he said, “ not guilty.” His attorney, who stood by, stated to the court, “ before that plea is entered, we wish to enter a motion to quash the indictment,” and the judge entered the motion to quash the indictment on his docket, but did not enter any statement of the plea of not guilty. But the clerk, on his…