Hudson v. State

• Decision Date: 25 June 1903
• Citation: 45 S.E. 66,117 Ga. 704
• Parties: HUDSON. v. STATE.
• Court: Georgia Supreme Court

45 S.E. 66

117 Ga. 704

HUDSON.

v.STATE.

Supreme Court of Georgia.

June 25, 1903.

CRIMINAL LAW—ARRAIGNMENT—WAIVER-GAMING—EVIDENCE.

1. It being expressly declared in Pol. Code 1895, § 10, that "a person may waive or renounce what the law has established in his favor, when he does not thereby injure others or affect the public interest, " one indicted for a criminal offense may waive formal arraignment; and this he must be held to intend to do by his silent acquiescence, if, before the case is submitted to a jury on its merits, he does not bring to the attention of the court that he has not been formally called upon to enter a plea to the indictment. See Bryans v. State, 34 Ga. 323, 325. "A party who personally and by its consent voluntarily goes into court practically on a plea of not guilty should not, after verdict, be permitted to assign, as a reason for setting aside the verdict, that he was not asked to say whether he was guilty or not guilty before the trial. He has had the benefit of the plea of innocence in his favor, and has been prejudiced in no right. Those cases that hold that this right cannot be waived overlook the difference between the procedure at common law, where the accused was not allowed a copy of the indictment as a right, or counsel to make his defense; where, in fact, all the machinery of the courts was brought to bear to secure, if possible, his conviction." Maxwell's Crim. Proc. (2d Ed.) 579, note 3.

1. See Criminal Law, vol. 14, Cent, Dig. §§ 614, 615, 617.

2. As, in the present ease, the accused got the full benefit of a fair and impartial trial before a jury, and the evidence introduced by the state affirmatively showed that he had been guilty of gaming, as charged in the indictment, within two years prior to the finding thereof, his conviction should be sustained.

(Syllabus by the Court.)

Error from City Court of Americus; C. R. Crisp, Judge.

B. B. Hudson was convicted of gaming, and brings error. Affirmed.

Hixon & Harper, for plaintiff in error.

F. A. Hooper and J. A. Ansley, Jr., for the State.

FISH, J. Judgment affirmed. All the Justices concur.