51 Colo. 182 | Colo. | 1911
delivered the opinion of the Court:
The District Attorney prosecutes this writ of error to review a decision of the trial court sustaining defendant’s motion in arrest of judgment. The trial court thereafter set aside the verdict and granted a new trial. Authority for a review of the motion in arrest is found in section 1997 Revised Statutes 1908. The record does not show that defendant was ever arraigned by the district court or that he ever plead or was required to plead to the information. In Ray v. People, 6 Colo. 231, decided in 1882, this Court held, in a writ of error to a judgment on a verdict of guilty, that where defendant was not arraigned and did not plead, a reversal must be had. In Wright v. People, 22 Colo. 143, decided in 1896, the Ray case was followed and the doctrine again announced. The district attorney says that in neither case was section 1956 Rev. Stats. 1908 called
In the Wright case Chief Justice Hayt said in the opinion, that after the decision in the Ray case our General Assembly refused to pass a law to change the statute so as to do away with the necessity for the record to show affirmatively a formal arraignment and plea. If our General Assembly in 1907 had intended, by section 1986, to change the rule of these two