Territory of Arizona v. Blevins

GOODING, C. J. It appeared by the records in this case that the trial proceeded without a plea by the prisoner, and this, being urged against, the judgment in the case, we think *69 a new trial should he granted. “Until the defendant has plead to the indictment there was no issue to be submitted-to the jury, and the omission to plead is fatal to the judgment even after verdict.” People v. Gaines, 52 Cal. 481 ; Douglass v. State, 3 Wis. 820 ; State v. Saunders, 53 Mo. 324 . Sloan, J., concurred.