Territory of Arizona v. Blevins

Arizona Supreme Court

Territory of Arizona v. Blevins

77 P. 616, 4 Ariz. 68, 1893 Ariz. LEXIS 9

CourtArizona Supreme Court

DecidedJanuary 28, 1893

DocketCriminal No. 75

StatusPublished

Cited by3 cases

This text of 77 P. 616 (Territory of Arizona v. Blevins) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Territory of Arizona v. Blevins, 77 P. 616, 4 Ariz. 68, 1893 Ariz. LEXIS 9 (Ark. 1893).

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Opinion

GOODING, C. J.

It appeared by the records in this case that the trial proceeded without a plea by the prisoner, and this, being urged against, the judgment in the case, we think [69]*69a new trial should he granted. “Until the defendant has plead to the indictment there was no issue to be submitted-to the jury, and the omission to plead is fatal to the judgment even after verdict.” People v. Gaines, 52 Cal. 481; Douglass v. State, 3 Wis. 820; State v. Saunders, 53 Mo. 324.

Sloan, J., concurred.

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GOODING, C. J.

It appeared by the records in this case that the trial proceeded without a plea by the prisoner, and this, being urged against, the judgment in the case, we think [69]*69a new trial should he granted. “Until the defendant has plead to the indictment there was no issue to be submitted-to the jury, and the omission to plead is fatal to the judgment even after verdict.” People v. Gaines, 52 Cal. 481; Douglass v. State, 3 Wis. 820; State v. Saunders, 53 Mo. 324.

Sloan, J., concurred.

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Bluebook (online)

77 P. 616, 4 Ariz. 68, 1893 Ariz. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/territory-of-arizona-v-blevins-ariz-1893.

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