42 Minn. 202 | Minn. | 1889
The record shows that the defendant filed a demurrer to the indictment, which was overruled by the court, and he-was thereupon ordered by the court to plead forthwith. He declined
The language of the section under consideration (Gen. St. 1878, c. 111, § 10) is as follows: “If the demurrer is disallowed or the indictment amended, the court shall permit the defendant, at his election, to plead, which he must do forthwith, or at such time as the court may allow. If he does not plead, judgment shall be pronounced against him.” We do not understand that the court had yet pronounced judgment. We are of the opinion that the court had power in its discretion to allow the defendant in this case to plead. The statute allows the court to fix the time within which the plea must be made. We are unable to see why it might not change the time or allow a subsequent plea, upon good cause shown. And since the