Fitzpatrick v. People

This was an indictment for malicious mischief, whereon the defendant was found guilty, and sentenced to one year’s imprisonment in the penitentiary.

He assigns for error that the record fails to show that he was arraigned on the indictment. The record, after reciting the coming of the defendant in custody of the sheriff, and the disposition of a motion made by his attorney to quash the indictment, proceeds:. “And now the defendant being called upon to plead thereto, says that he is not guilty,” etc.

Our statute (Rev. Stat. 1874, p. 410, sec. 3,) provides: “Upon the arraignment of a prisoner it…