mute

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mute

a person arraigned on indictment who refuses to answer a charge.

MUTE, persons. One who is dumb. Vide Deaf and Dumb.

MUTE, STANDING MUTE, practice, crim. law. When a prisoner upon his arraignment totally refuses to answer, insists upon mere frivolous pretences, or refuses to put himself upon the country, after pleading not guilty, he is said to stand mute.
     2. In the case of the United States v. Hare, et al., Circuit Court, Maryland Dist. May sess. 1818, the prisoner standing mute was considered as if he had pleaded not guilty.
     3. The act of congress of March 3, 1825, 3 Story's L. U. S. 2002, has since provided as follows; Sec. 14, That if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence, not capital, shall stand mute, or will not answer or plead to such indictment, the court shall, notwithstanding, proceed to the trial of the person, so standing mute, or refusing to answer or pleas, as if he or she had pleaded not guilty; and upon a verdict being returned by the jury, may proceed to render judgment accordingly. A similar provision is to be found in the laws of Pennsylvania.
     4. The barbarous punishment of peine forte et dure which till lately disgraced the criminal code of England, was never known in the United States. Vide Dumb; 15 Vin. Ab. 527.
     5. When a prisoner stands mute, the laws of England arrive at the forced conclusion that he is guilty, and punish him accordingly. 1 Chit. Cr. Law, 428.
     6. By the old French law, when a person accused was mute, or stood mute, it was the duty of the judge to appoint him a curator, whose duty it was to defend him, in the best manner he could; and for this purpose, he was allowed to communicate with him privately. Poth. Proced. Crim. s. 4, art. 2, Sec. 1.

References in periodicals archive ?
Una isoforma de fosfolipasa A2, aislada del veneno de la serpiente peruana Lachesis muta, fue purificada por medio de dos pasos cromatograficos que involucraron secuencialmente el empleo de una resina intercambio cationico CM sephadex C-50 y una resina de exclusion molecular Sephadex G -50.
Owero, l'esperienza di qualcosa che muta trova la sua giustificazione oggettiva non nella semplice successione di percezioni, ma nel fatto che tale successione obbedisce ad una regola che non posso variare a piacimento:
The Muta's president also complained that unlike Khyber Pakhtunkhwa, Sindh is also not paying brain drain allowance to the faculty.
Predictor variable Deviance P-value Svenzea zeai 7.51 <0.01 Xestospongia muta 0.01 0.75 Callyspongia plicifera 13.15 <0.01 C.
Mutabaruka & More compilation includes Muta, Vinegar, Memory, Sunshine, Amisial the South Florida Poetry Fiesta winner year 2004, Mr.
Identificacion de Porocephalus stilessi (Pentastomida) en la serpiente peruana Lachesis muta. Rev Inv Vet Peru 18: 89-93.
Key words: Aleutian Islands, Attu Island, Evermann's Rock Ptarmigan, Lagopus muta evermanni, population densities
2012: Metodi di censimento e definizione dell'idoneita ambientale per la conservazione dei Galliformi alpini, con particolare riferimento alla Pernice Bianca Lagopus muta helvetica e al Fagiano di monte Tetrao tetrix.
"The success of the reform process depends on faith in it, belief in its importance to Jordan's future and in the need to work in a team spirit to guarantee its success despite all the obstacles," the King said in a speech at the Graduation Ceremony of the 26th Class of Muta University's Military Wing.
The 26-year-old was 49 seconds adrift in fifth at the 35km mark, his chances of success seemingly fading fast, but he chased down runaway leader Emmanuel Muta - passing the Kenyan in the final mile.
It's about an environmentalist (the late Kenyan activist-turnedpolitician Wangari Muta Maathai).
The Rock Ptarmigan (Lagopus muta) is known simply as Ptarmigan in Europe and colloquially as snow chicken or partridge in North America, where it is the official bird for the territory The ptarmigan is a plump game bird, slightly larger than a grey partridge.