Gaines

argued that the judgment was erroneous, as there was no plea.

Jo Hamilton, Attorney-General, for the People.

The record before us fails to show that the defendant was arraigned, or pleaded to the indictment; nor is there any suggestion by the Attorney-General of a diminution of the record, though his attention was called to that subject at the argument. The transcript on appeal purports to contain copies of all the entries found in the minutes of the Court, and the Clerk certifies that it is a correct transcript of the indictment, and of “ all entries on the minutes of said Court regarding or pertaining to this •cause, and of the whole thereof.” We must assume, therefore, for the purposes of this decision, that the record and minutes of the Court fail to show that the defendant was arraigned or pleaded to the indictment.

Sec. 1017 of the Penal Code provides that “ every plea must be oral and entered upon the minutes of the Court in substantially the following form,” etc.; and sec. 1207 provides that “ a copy of the minutes of the trial ” shall constitute a part of the judgment-roll. In the absence of any showing to the contrary, it must be ¡iresumed that the minutes of the…