Pritchard v. State

— Appellant was tried by jury and convicted of grand larceny on an affidavit in twelve counts. The record fails to show that he- was arraigned or pleaded to the affidavit; nor does the record show that a plea of not guilty was entered for him by the court on his refusal to plead.

The sole question presented by appellant and not waived is the assignment of error in overruling his motion for a new trial, the specific error being trial without arraignment and plea.

The Code provides: “If the motion to quash be overruled, the defendant shall be arraigned by the reading of the indictment or…