Wright v. People

At the regular October, A. D. 1895, term of the district

court of Montrose county, an information was filed by the district attorney, charging plaintiff in error, John Wright, with the crime of burglary. The record in the case fails to disclose that the defendant pleaded to this information, although he was tried, convicted and sentenced for the crime charged. The failure to plead seems to have been first called to the attention of the trial court upon the motion for a new trial. This motion should have been sustained, as under our practice there is no issue to try until the defendant pleads…