Bateman v. State

• Decision Date: 31 January 1887
• Citation: 64 Miss. 233,1 So. 172
• Court: Mississippi Supreme Court
• Parties: G. W. BATEMAN v. THE STATE

1 So. 172

64 Miss. 233

G. W. BATEMAN v. THE STATE

Supreme Court of Mississippi

January 31, 1887

APPEAL from the Circuit Court of Montgomery County, HON. C. H CAMPBELL, Judge.

George W. Bateman was indicted for an assault and battery on Vines M. Wells with an intent to kill and murder him. The evidence to identify Bateman as the guilty party was circumstantial. The court, on the trial, admitted, over the objection of defendant, testimony that showed that criminal relations had existed between the wife of Wells and Batemen; that Wells knew of these relations, and on that account had separated from, and instituted suit against Bateman for the seduction of, his wife, who was then living with Bateman, and that this suit was still pending at the time of the assault on Wells. Some further facts are stated in the opinion of the court. The defendant was convicted and he appealed.

Judgment affirmed.

Sweatman Trotter & Trotter, for the appellant.

It is absolutely necessary in order to convict of a criminal offense that the defendant shall be arraigned. McQuillem v. State, 8 S. & M. 595; Wilson v. State, 42 Miss. 639; Cachute v. State, 50 Miss. 165.

These authorities establish the further rule of law that all pleas must be bye the defendant in person, and a defendant cannot plead by attorney.

Was there an arraignment of the defendant?

The authorities, so far as we have been able to find, are uniform in holding that an arraignment consists of reading the indictment to the defendant and calling on him to say in open court whether he is guilty or not. Wharton's Cr. Law § 530; 1 Arch. Cr. Pr. and Pl., § 108, note 1.

Archibald uses following language:

NOTE 1.--"The term arraignment signifies the calling the defendant to the bar of the court to answer the accusation contained in the indictment. It consists of three parts first, calling the prisoner to the bar by his name, and commanding him to hold up his hand; second, reading the indictment to him in English, that he may understand the charge; and third, demanding of him whether he is guilty or not guilty."

The third requisite is entirely wanting in this case. The defendant, as the bill of exceptions shows, was never asked the question whether he was guilty or not.

He was never called on in open court to say whether he was guilty or not. It follows, then, that he was never arraigned, which, according to the authorities cited above, in our own State is essential to his conviction.

The attorney has no right to waive the arraignment and enter plea for the defendant. 42 Miss. 639; 50 Miss. 165; 8 S. & M. 595.

The testimony as to the adultery of defendant and Wells' wife was admitted over the objection of defendant.

This, we contend, was a collateral issue, and was not involved in the case, and the effect it had was to unduly prejudice the minds of the jury against the defendant, and hence it was error to admit it. Dowling v. State, 5 S. & M. 686-7.

T. M. Miller, Attorney General, for the State.

Upon the trial or at the commencement the district attorney called upon the defendant to listen to the reading of the indictment, which was then read accordingly. Immediately thereupon, the defendant saying nothing, his counsel, sitting beside him, said: "To which the defendant pleads not guilty."

The court then rightfully caused the defendant's plea of not guilty to be entered, and the trial was proceeded with without objection or exception.

It is insisted that it was error to admit proof of the illicit intercourse between defendant and the wife of Wells upon the ground that a collateral issue was thus presented. Not so; it is always admissible, and especially in cases depending on circumstantial evidence, to show a motive in defendant for desiring the death of the person injured.

The evidence tended to prove a double motive, both that defendant...