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1 Mann. Unrep. Cas. 120

State v. Denis

Supreme Court of Louisiana

Decided July 1, 1880

Supreme Court of Louisiana · decided 1880-07-01

<p>Where the transcript does not shew that the prisoner pleaded, or was arraigned, the conviction will be set aside, and a new trial ordered.</p>

Decided 1880-07-01

Manning, C. J.

¶1It is so absolutely necessary in a criminal prosecution that there should be a plea by the accused, that if he refuses to plead, the court will order that the plea of not guilty be made for him and be entered of record.

¶2Arraignment and plea in a prosecution for murder are so indispensable that their absence vitiates the trial.

¶3Judgment reversed, verdict set aside, and new trial ordered.

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