State v. Shields
Supreme Court of Louisiana
APPEAL from, the Seventeenth Judicial District Court, parish of East Baton Bouge. Sherburne, J. First — When an accused refuses to plead to an indictment, the order of the court to enter t» plea of “ not guilty ” is right and proper. Second — The objection of accused that he has not had sufficient time to prepare his pleas is worthless when he has already been tried for the same offense, and is about to undergo a new trial.
Read the full summary
APPEAL from, the Seventeenth Judicial District Court, parish of East Baton Bouge. Sherburne, J. First — When an accused refuses to plead to an indictment, the order of the court to enter t» plea of “ not guilty ” is right and proper. Second — The objection of accused that he has not had sufficient time to prepare his pleas is worthless when he has already been tried for the same offense, and is about to undergo a new trial. Third — This Court is without authority to disturb the sentence of the court a qua because o the penalty when the penalty therein imposed in conformity with the statute.…
1Opinion of the Court
The opinion of the Court-was delivered by
Fenner, J.
The errors urged in this Court are the following : ■
1. Exception is taken to the ruling of the court in requiring him to plead at the time of his arraignment and, on his refusal, in ordering the plea of not guilty to be entered in his.behalf — the complaint being that he was arraigned on the same day on which the information was filed, and had not had time to determine on his plea. The law provides no delay for arraignment after indictment or information, and the defendant is required to plead when arraigned, which is his only time as of…
2Cases cited1 opinion
- State v. OstranderSupreme Court of Iowa · 1865
3Cited by6 opinions
- State v. DreherSupreme Court of Louisiana · 1928
- State v. ForbesSupreme Court of Louisiana · 1977
- State v. ThompsonSupreme Court of Louisiana · 1906
- State v. BradfordSupreme Court of Louisiana · 1927
- State v. BertrandSupreme Court of Louisiana · 1928
1 more not listed; retrieve them via the Exa API.