
    The Manhattan Oil Company v. The State.
    [No. 3,386.
    Filed May 28, 1901.]
    Criminal Law. — Arraignment.—Appeal and Error. — A judgment convicting defendant for obstructing a highway will be reversed on appeal where the record does not show an arraignment, waiver of arraignment or plea entered by or for defendant.
    From the Blackford Circuit Court.
    
      Reversed.
    
    
      Jay A. Iiindman, for appellant.
    IT. L. Taylor, Attorney-General, G. G. Hadley, Merrill Moores and A. M. Waltz, for State.
   Robinson, J.

Appellant was tried and convicted for obstructing a highway. Overruling a motion for a new trial is the only error assigned. The record fails to disclose affirmatively that appellant was arraigned or that a plea to the affidavit and information was entered either by or for appellant. It is held that this question is presented by an assignment as a cause for a new trial that the verdict is contrary to law. Bowen v. State, 108 Ind. 411. As the record does' not show an arraignment, or that appellant waived it, nor that a plea was entered by or for appellant, nnder the rule declared by the Supreme Court the judgment must be reversed. Hicks v. State, 111 Ind. 402; Weir v. State, 115 Ind. 210; Billings v. State, 107 Ind. 54; McJunkins v. State, 10 Ind. 140; Shoffner v. State, 93 Ind. 519; Miller v. State (Ind. App.) 59 N. E. 287.

Judgment reversed.  