Legal Opinion
Territory of Arizona v. Blevins
Arizona Supreme Court
Decided January 28, 1893No. Criminal No. 75PublishedCited by 3 opinions
APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Gila. Joseph H. Kibbey, Judge. The facts are stated in the opinion.
1Opinion of the CourtGooding, C. J.
It appeared by the records in this case that the trial proceeded without a plea by the prisoner, and this, being urged against, the judgment in the case, we think *69a new trial should he granted. “Until the defendant has plead to the indictment there was no issue to be submitted-to the jury, and the omission to plead is fatal to the judgment even after verdict.” People v. Gaines, 52 Cal. 481; Douglass v. State, 3 Wis. 820; State v. Saunders, 53 Mo. 324.
Sloan, J., concurred.
2Cases cited3 opinions
- Douglass v. StateWisconsin Supreme Court · 1854
- Hearne v. Chillicothe & Brunswick RailroadSupreme Court of Missouri · 1873
- Bays v. LapidgeCalifornia Supreme Court · 1877
3Cited by3 opinions
- State v. WaltonOregon Supreme Court · 1907
- State v. WootenArizona Supreme Court · 1927
- Storm v. Territory of ArizonaArizona Supreme Court · 1909