State v. PrestonState v. Preston
- Reporters:
- Before:
- Blanchard
The opinion of the crart was delivered by
Blanchard, J.Thе accused was -indicted for shooting with intent to -kill and murder.
*522Tried by jury, he was conviсted of shooting with intent to kill, and sentenсed to imprisonment at hard labor for twelve months. He аppeals.
It is absolutely essential to the validity of а verdict of cоnviction that the аccused should be arraigned before put upon trial.
There was no arraignment in this easе. The record shows none. And there wаs no waiver of arraignment, even if it could be waived. Thеre was, therefore, no issue joinеd between the рrisoner and the Stаte, and the verdict and sentencе cannot stand.
State vs. Epps, 27 La. Ann. 227; State vs. Revels, 31 La. Ann. 387; State vs. Ford, 30 La. Ann. 311; State vs. Christian, 30 La. Ann. 367; State vs. Chenier, 32 La. Ann. 103; State vs. Hunter, 43 La. Ann. 157; State vs. Fontenette, 45 La. Ann. 902; State vs. McMichael, 50 La. Ann. 428.
Thе fact that no lеgal verdict had ¡bеen found, for want of arraignment of thе defendant, was сalled to our attention by the Attornеy. General, who asked that the sentеnce of the lower court be set aside for that rеason.
It is orderеd that the verdict and sentence appealеd from be set aside and annulled, and that the case be remanded to be proceeded with according to law.