Mute

When a prisoner upon his arraignment totally refuses to answer, insists upon mere frivolous pretences, or refuses to In the case of the United States v. Hare et al., Circuit Court, Maryland Dist., May sessions, 1818, the prisoner standing mute was considered as if he had pleaded not guilty. See U. S. v. Borger, 7 Fed. 193, 19 Blatch. 251; In re Smith, 13 Fed. 27; State V. Ward, 48 Ark. 39, 2 S. W. 191, 3 Am. St. Rep. 213. In consequence an act of congress of March 8, 1825, provided that if any person, in case of an offence not capital, shall stand mute, the trial shall proceed as upon a plea of not guilty. A similar provision Is to be found in the laws of many states, and. In England, the same practice is adopted by the court. In former times, in England; the terrible punishment or sentence of penance or peine (probably a corrupted abbreviation of priaone) fort et dure was inflicted where a prisoner would not plead, and stood obstinately mute. See Peine Fobtb et Dube. Prisoners sometimes suffered death In this way to save their property from forfeiture. In treason, petit felony, and mis^meanors, however, wilfully standing mute was equivalent to a conviction, and the same punishment might be imposed. Giles Corey, accused of witchcraft, was perhaps the only person pressed to death In America for refusing to plead. 3 Bancroft’s Hist. U. S. 93. See Deaf and Dumb.

Speechless; dumb; that cannot or will not speak. A prisoner is said to stand mute, when, being arraigned, he either makes no answer, or answers foreign to the purpose, or with matter not allowable, and will not answer otherwise, or, having pleaded not guilty, refuses to put himself upon the country.

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.

A prisoner is said to stand mute when, being arraigned for trial 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 when, having pleaded not guilty, he refuses to put himself upon the country. Brown.

STANDING MUTE, practice, crim. law. When a prisoner upon his arraignment totally refuses to answer, insists upon mere frivolous pretences, or refuses to put himself upon the country, after pleading not guilty, he is said to stand mute. In the case of the United States v. Hare, et al. Cir. Court, Maryland Dist. May sess. 1818, the prisoner standing mute was considered as if he had pleaded not guilty. The act of congress of March 3, 1825, 3 Story’s L. U.S. 2002, has since provided as follows; § 14, that if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence, not capital, shall stand mute, or will not answer or plead to such indictment, the court shall, notwithstanding, proceed to the trial of the person, so standing mute, or refusing to answer or plead, as if he or she had pleaded not guilty; and upon a verdict being returned by the jury, may proceed to render judgment accordingly. barous punishment of peine forte et dure which till lately disgraced the criminal code of England, was never known in the United States. Vide Dumb; 15 Vin. Ab. 527. When a} prisoner stands mute, the laws of England arrive at the forced conclusion that he is guilty, and punish him accordingly. 1 Chit. Cr. Law, 428.