Allyn v. State
Decision Date | 08 June 1887 |
Parties | ALLYN v. STATE. |
Court | Nebraska Supreme Court |
Where a defendant is put on trial for a misdemeanor without a plea to the indictment having been entered, it is a mere technical error or irregularity which does not affect any of his substantial rights, and affords no ground for reversal of a judgment of conviction. Vide State v. Hayes, 24 N. W. Rep. 575.
The fact that a defendant was acting as the agent of another in the commission of an offense will afford no excuse or justification for the act in a prosecution therefor.
Error from Dawson county.
C. W. McNamar, for plaintiff.
The Attorney General, for defendant.
Plaintiff in error was indicted for maintaining a nuisance. The trial resulted in a verdict of guilty, and a fine of $50 was imposed. From that judgment he prosecutes error. There are two principal questions presented for decision.
1. 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 this country, it is almost universally held that the trial of a party charged with a crime, without plea, is erroneous. But, under our system of criminal jurisprudence as established by the Code, the rule seems to be pretty well settled that the omission to enter a plea to the indictment, especially in prosecutions for misdemeanors, is not necessarily fatal where the whole case was tried upon its merits as upon a plea, and where the party has not been deprived of any of his substantial rights.
In State v. Greene, 23 N. W. Rep. 154, REED, J., in writing the opinion of the court, says: The conviction was sustained.
In Maxwell's Criminal Procedure, at page 541, the author says: ...
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Browning v. State
...on trial without arraignment or a plea to the indictment will not work a reversal of a conviction for a misdemeanor. (Allyn v. State, 21 Neb. 593, 33 N.W. 212.) that decision is right or wrong we are not called upon to decide, since the scope of the opinion is limited to trials for misdemea......
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...368, 64 N. W. 170;Spicer v. People, 11 Ill. App. 294;Bryans v. State, 34 Ga. 323;Hudson v. State, 117 Ga. 704, 45 S. E. 66;Allyn v. State, 21 Neb. 593, 33 N. W. 212; People v. Osterhout, 34 Hun (N. Y.) 260; People v. McHale, 15 N. Y. Supp. 4961; People v. Bradner, 107 N. Y. 1, 13 N. E. 87;C......
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...of conviction of felony cannot stand where there was no arraignment of, and plea by, the accused before the trial. 2. Allyn v. State, 33 N. W. 212, 21 Neb. 593, distinguished. 3. When it is discovered during the trial on the charge of a felony that there has been no arraignment and plea, th......
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