Price v. People

The plaintiff in error, and two others, were indicted for a riot, and on trial, the plaintiff was found “not guilty of riot, but guilty of an assault,” and the two others were found not guilty. A motion was made by the plaintiff for a new trial, which was overruled by the court, and thereupon the plaintiff was sentenced to a fine of ten dollars and costs. To reverse the judgment this writ of error was prosecuted.

It is apparent that the judgment must be reversed. The record discloses that the plaintiff in error never pleaded to the indictment, or in any way consented to a -trial without a…