State v. Reddington
South Dakota Supreme Court
Error to circuit court, Codington county. Hon. J. O. Andrews, Judge. James Dempsey Beddington, having been convicted of murder, brings error. The facts are stated in the opinion. Any omission or failure in the record to show that a defendant was properly arraigned and that Ms pipa of guilty or not ‘ guilty was entered before the trial cannot be cured by any subsequent corrections or insertions. 10 Am. and Eng. Enc.
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Error to circuit court, Codington county. Hon. J. O. Andrews, Judge. James Dempsey Beddington, having been convicted of murder, brings error. The facts are stated in the opinion. Any omission or failure in the record to show that a defendant was properly arraigned and that Ms pipa of guilty or not ‘ guilty was entered before the trial cannot be cured by any subsequent corrections or insertions. 10 Am. and Eng. Enc. Law, 528; McQuillen v. State 16 Miss, 587; Com. v. Roby, 29 Mass. 496. In a criminal case the accused should be informed by the prosecution of the names of the witnesses who will…
1Opinion of the CourtKellam, J.
Plaintiff in error was convicted in the Coding-ton county circuit court of the crime of murder, and sentenced to imprisonment for life. The case is here upon writ of error.
Considering the matters complained of in the order in which they occurred chronologically, we notice that the record nowhere states or affirmatively shows that the defendant, now plaintiff in error, was arraigned, or that he pleaded to the indictment. The statute requires that the defendant shall be arraigned (Compiled Laws § 7263); that he shall plead, and that his plea shall be entered on the minutes of the court, or, if…
2Cases cited24 opinions
- State v. HoytSupreme Court of Connecticut · 1880
- Erwin v. StateOhio Supreme Court · 1876
- Hogan v. StateWisconsin Supreme Court · 1874
- State v. CassadySupreme Court of Kansas · 1874
- State v. LawlorSupreme Court of Minnesota · 1881
19 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. JennerSouth Dakota Supreme Court · 1990
- Melby v. AndersonSouth Dakota Supreme Court · 1936
- State v. AndersonSouth Dakota Supreme Court · 2000
- Pinana v. StateNevada Supreme Court · 1960
- State v. LohnesSouth Dakota Supreme Court · 1982
36 more not listed; retrieve them via the Exa API.