Legal Opinion

Gaines v. United States

Court Of Appeals Of Indian Territory

Decided October 19, 1895PublishedCited by 1 opinion

Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. George Gaines appeals from a conviction of larceny. Appellant, George Gaines, was tried at Ardmore upon an indictment for larceny, and was convicted October 8, 1895. The bill of exceptions, duly authenticated, shows that the case went to trial without arraignment of the defendant, or plea on his part, and without his being called upon to plead, and without any plea being entered for him.

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Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. George Gaines appeals from a conviction of larceny. Appellant, George Gaines, was tried at Ardmore upon an indictment for larceny, and was convicted October 8, 1895. The bill of exceptions, duly authenticated, shows that the case went to trial without arraignment of the defendant, or plea on his part, and without his being called upon to plead, and without any plea being entered for him. The jury returned a verdict of guilty, and the court sentenced him to imprisonment in the United States jail for six…

1Opinion of the CourtSpringer, C. J.

(after stating the facts.) This case was first heard by the court of appeals at the January term, 1896; and upon the record and briefs and the oral argument then submitted the court was of the opinion that it is necessary to the legality of the trial either that the defendant plead to the indictment, or that a plea be entered for him in case of his refusal to do so, and that the judgment in this case should be reversed, and the case remanded. A motion for a rehearing was made and granted, and after such re-*299bearing the court has reached the conclusion that the judgment in this case should be…

2Cases cited42 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. Pointer v. United StatesSupreme Court of the United States · 1894
  3. Pierson v. . the PeopleNew York Court of Appeals · 1880
  4. State v. CassadySupreme Court of Kansas · 1874
  5. Parkinson v. PeopleIllinois Supreme Court · 1890

37 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State v. HeftSupreme Court of Iowa · 1912

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