Mute

5

See Witness.

A prisoner is said to "stand mute" when, being ai-raigned for treason or felony, he either makes no answer at all, or answers foreign to the purpose, or with such matter as is not allowable, and will not answer otherwise; or, upon having pleaded not guilty, refuses to put himself upon the country.^ Standing mute means, then, simply refusing to plead or answer to an indictment. The plea of " not guilty " is entered, and the trial proceeds.' ' Davison v. People, 90 111. 229 (1878), Walker, J.* Spies c/a(. v. People (Anarchists' Case), 122 id. 174(1887). " State V. Mc Gaffln, 36 Kan. 318 (1887), Johnston, J. As to cm-pus delicti, see People v. Palmer, Ct. Ap N. Y. (1888), cases. On blood corpuscles, see 19 Am. Law Reg. 539, 5'J3 (1880); 26 id. 21 (1887). s Bostwick V. Purdy, 5 Stew. & Port. 109 (Ala., 1833). < Tyler v. Pomeroy, 8 Allen, 498 (1864), Gray, J.; R. S. §1342. * L. Tnutvs, dumb. • 4 Bl. Com. 324; United States v. Gibert, 2 Sumn. 66- 67 (1834). ' See R. S. § 1032; United States v. Borger, 19 Blateh.