William R. Day

“ If a legal trial cannot be had without a plea to the indictment, duly entered of record before trial, it would follow that such omission in the present case requires a reversal of the judgment of conviction, because the prisoner has been deprived of due process of law. ”

“ Before trial the plaintiff in error filed a 'motion directed to second information,' containing a motion to quash, a motion to strike out, and a motion to make more definite and certain, all of which were denied. No arraignment or plea was had upon that information. The case having been called for trial and the jury having been impaneled, the plaintiff in error, by his counsel, objected to the introduction of any evidence upon the ground that the state had no right to try the plaintiff in error on the information then before the court. This general objection was overruled. ”

“ Such rulings originated in that period of English history when the accused was entitled to few rights in the presentation of his defense, when he could not be represented by counsel, nor heard upon his own oath, and when the punishment of offenses, even of a trivial character, was of a severe and often of a shocking nature. ”