Allyn v. State

Plaintiff in error was indicted for maintaining a nuisance. The trial resulted in a verdict of guilty, and a fine of fifty dollars was imposed. From that judgment he prosecutes error.

There are two principal questions presented for decision:

First. The record fails to show that plaintiff in error was arraigned, or that he entered any plea to the indictment, or waived arraignment. It is claimed that the trial in the absence of such plea or waiver was erroneous, and that a new trial should be granted for that reason.

It must be conceded that at common law, both in England and in this country, it…