People v. Lightner
California Supreme Court
Appeal from the County Court, County of Colusa. The indictment charged the defendant with having, on the 23d of October, 1873, assaulted one J\ L. Gaudy, with a knife, with intent him, the said Gaudy, to murder. On the 27th of October, 1873, the defendant was called for arraignment, his counsel being present. When called, he stood up, and the indictment with the endorsements thereon, including the names of the witnesses, was read to him by the Clerk.
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Appeal from the County Court, County of Colusa. The indictment charged the defendant with having, on the 23d of October, 1873, assaulted one J\ L. Gaudy, with a knife, with intent him, the said Gaudy, to murder. On the 27th of October, 1873, the defendant was called for arraignment, his counsel being present. When called, he stood up, and the indictment with the endorsements thereon, including the names of the witnesses, was read to him by the Clerk. He was then asked by the Court if he was ready to plead, and answered that he was not, and asked for two days to plead, which time was given him…
1Opinion of the Court
By the Court, McKinstry, J.:
As a general rule a defendant may waive any statutory right or proceeding. It is true that where there has been neither arraignment nor plea, the Court cannot supply an issue, even after verdict. But it has been suggested by this Court that a plea will cure the defects of an arraignment, and it has never been decided that a formal arraignment can be waived only by plea. (People v. Corbett, 28 Cal. 329.) We entertain no doubt that a prisoner may expressly waive all the formal steps and plead when called up for arraignment; and there can be no good reason why a…
2Cases cited4 opinions
- State v. RobeyNevada Supreme Court · 1873
- People v. MuratCalifornia Supreme Court · 1873
- People v. DavidsonCalifornia Supreme Court · 1855
- People v. EnglishCalifornia Supreme Court · 1866
3Cited by13 opinions
- People v. MarshallCalifornia Supreme Court · 1957
- People v. SuesserCalifornia Supreme Court · 1904
- State v. De LeaMontana Supreme Court · 1908
- People v. SeverinoCalifornia Court of Appeal · 1953
- State v. JohnsonNorth Dakota Supreme Court · 1893
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