Hoskins v. People of State

• Decision Date: 30 September 1876
• Citation: 1876 WL 10443,84 Ill. 87,25 Am.Rep. 433
• Parties: JAMES HOSKINSv.THE PEOPLE OF THE STATE OF ILLINOIS.
• Court: Illinois Supreme Court

84 Ill. 87

1876 WL 10443 (Ill.)

25 Am.Rep. 433

JAMES HOSKINS

v.THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

September Term, 1876.

WRIT OF ERROR to the Circuit Court of Marion county; the Hon. AMOS WATTS, Judge, presiding.

Messrs. G. B. & F. W. BURNETT, for the plaintiff in error.Mr. JUSTICE SCOTT delivered the opinion of the Court:

Defendant was indicted, at the August term of the circuit court of Marion county, for larceny.On the trial, he was found guilty, and sentenced to the penitentiary for a period of three years.

It appears, from the record, that defendant“waived arraignment, copy of indictment, list of jurors and witnesses,” etc., but no plea of any kind was entered.So far as this record discloses, no plea was entered before the accused was placed on trial.On the authority of the former decisions of this court, this was error.Johnson v. The People,22 Ill. 314;Yundt v. The People.65 ib. 372.It was held in those cases that, without an issue formed, there could be nothing to try, and the party convicted could not, properly, be sentenced.This error may be corrected, and the accused may be arraigned and required to plead to the indictment before he is again placed on trial.

The judgment will be reversed and the cause remanded.

Judgment reversed.

SHELDON, C. J., BREESE, J., and CRAIG, J., do not concur in this opinion.The record shows the prisoner expressly waived an arraignment, which, per se, includes the plea.We think the waiver of arraignment...