107 LA 521 - State v. Preston

How this case has been cited

Cited by 4 later decisions — most recently November 1942

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1The opinion of the crart was delivered by

Blanchard, J.

¶2The accused was -indicted for shooting with intent to -kill and murder.

¶3 *522Tried by jury, he was convicted of shooting with intent to kill, and sentenced to imprisonment at hard labor for twelve months. He appeals.

¶4It is absolutely essential to the validity of a verdict of conviction that the accused should be arraigned before put upon trial.

¶5There was no arraignment in this ease. The record shows none. And there was no waiver of arraignment, even if it could be waived. There was, therefore, no issue joined between the prisoner and the State, and the verdict and sentence cannot stand.

¶6State vs. Epps, 27 La. Ann. 227; State vs. Revels, 31 La. Ann. 387; State vs. Ford, 30 La. Ann. 311; State vs. Christian, 30 La. Ann. 367; State vs. Chenier, 32 La. Ann. 103; State vs. Hunter, 43 La. Ann. 157; State vs. Fontenette, 45 La. Ann. 902; State vs. McMichael, 50 La. Ann. 428.

¶7The fact that no legal verdict had ¡been found, for want of arraignment of the defendant, was called to our attention by the Attorney. General, who asked that the sentence of the lower court be set aside for that reason.

¶8It is ordered that the verdict and sentence appealed from be set aside and annulled, and that the case be remanded to be proceeded with according to law.