People v. Monaghan

Citations

• 102 Cal. 229
• 36 P. 511
• 1894 Cal. LEXIS 624

Syllabus

<p>Criminal Law— Pleading.—Where a plea of not guilty in a criminal case is withdrawn, and a demurrer interposed to the indictment, which was overruled, and time granted to the defendant to plead, a trial and conviction of the defendant without a new plea cannot be sustained.</p> <p>Id.—Granting of Time to Plead—Presumptions.—The granting of time to plead after the demurrer was overruled must he presumed to have been upon the application of the defendant, and raises a presumption that he was not then prepared to plead not guilty, and rebuts a presumption that it was understood that the original plea of not guilty was then to stand as his plea.</p> <p>Id.—Judgment Upon Declining to Plead.—The provision of section 1011 of the Penal Code for a judgment where the defendant declines to plead, after his demurrer is disallowed, cannot support the legality of a trial and judgment entered upon a verdict without a plea.</p> <p>Id. —Declining to Plead Must Be Actual.—Judgment cannot be pronounced against the defendant under section 1011 of the Penal Code, unless he in fact declines to plead after his demurrer is overruled, and cannot be rendered upon mere omission to plead.</p> <p>Id.—Waiver of Plea—Trial Without Objection.—The absolute requirement of the law that the accused must plead personally to the indictment on arraignment cannot be cured by the fact that he was brought into court and tried without objection.</p>