Territory of Arizona v. Ussery

The appellant was convicted at the October, 1892, term of the district court in and for .the county of Pinal, of the crime of robbery. From the judgment of conviction and- from the order overruling his motion for a new trial the appellant brings his appeal. The record fails to disclose that upon the trial the indictment was read to the jury by the clerk, or the plea of defendant stated, as required by section 1643 of the Penal Code. This omission constitutes the only ground upon which appellant relies for a reversal of the cause. The appellant took no exception to the omission, but went to…