Brown v. State

• Decision Date: 23 March 1917
• Docket Number: 8437.
• Citation: 91 S.E. 939,19 Ga.App. 619
• Parties: BROWN v. STATE.
• Court: Georgia Court of Appeals

91 S.E. 939

19 Ga.App. 619

BROWN v. STATE.

No. 8437.

Court of Appeals of Georgia, First Division

March 23, 1917

Syllabus by the Court.

"The right of formal arraignment and plea will be conclusively considered as waived, where the defendant goes to trial before the jury on the merits, and fails, until after verdict, to bring to the attention of the court that he has not been formally called upon to enter a plea to the indictment. Pol. Code 1910, § 10; Bryans v. State, 34 Ga. 323; Hudson v. State, 117 Ga. 704, 45 S.E. 66." Waller v. State, 2 Ga.App. 636 (1), 58 S.E. 1106; Perry v. State, 91 S.E. 939, this day decided.

There being some evidence to support the verdict, which was approved by the trial court, this court will not arbitrarily set aside the verdict.

Error from Superior Court, Bryan County; W. W. Sheppard, Judge.

Mary Brown was tried on a criminal charge, and from the verdict she brings error. Affirmed.

Ben. A. Way, of Hinesville, for plaintiff in error.

W. F. Slater, Sol. Gen., of Eldora, for the State.

WADE, C.J.

Judgment affirmed.

GEORGE and LUKE, JJ., concur.