People v. Gaines

Citations

• 52 Cal. 479

Syllabus

<p>Aebaignment and Plea of Defendant.—If, on an appeal in a criminal case, the record fails to show that the defendant was arraigned and pleaded to the indictment, the Court will assume that there was no arraignment or plea.</p> <p>Thebe must be a Plea to the Indictment. — Until the defendant has pleaded to the indictment there is no issue to be submitted to the jury, and the omission to plead is fatal to the judgment, even after verdict.</p>