State v. Epps
Also decided on this docket: La. Ct. App. 3d Cir., January 7, 1977 338 So. 2d 350; La. Ct. App. 4th Cir., August 7, 1973 282 So. 2d 566; La. Ct. App. 1st Cir., April 17, 1912 9 Teiss. 241; La. Ct. App. 1st Cir., December 27, 1961 136 So. 2d 784
State v. Epps, 27 La. 227 (1875).
Opinion text
Morgan, J. The record in this case does not show that the defendant was arraigned. The arraignment was necessary. It is then that the prisoner is called on to plead to the indictment; it is then that the issue between him and the State is made up. Without this there is no issue; without an issue there can be no judgment. This absolute requirement of the law is not cured by the fact that he is brought into court and is tried without objection. Without his having been arraigned, there was nothing to try. It is therefore ordered, adjudged, and decreed that the judgment of the District Court be avoided, annulled, and reversed, and that the case be remanded to be proceeded with according to law.