Aeraign

* To call upon to account or answer.' To call a prisoner to the bar of the court to answer the matter charged upon him Jn the indictment. 8 Arraignmeiit. The act or proceeding of arraigning. 1 United States v. Cruikshank, 92 U. S. 553 (1875), Waite, C. J. ^ Presser v. Illinois, 116 U. S. 265 (1886), Woods, J. 'Andrews!). State, 3 Heisk. 177-89 {Ky., 1871), Freeman, J. * Andrews v. State, 3 Heisk. 184, supra; 2 Humph. 158-53. See also State v. Eeid, 1 Ala. ai4-22 (1840), Collier, C. J.; Wright V. Commonwealth, 77 Pa. 470 (1875); SPhila.eiO; 2Litt.,Ky.,90; 1 Kelly, Ga., 247-61; 2 Story, Const. §§ 1889-90; 8 Am. Rep. 22; 14 id. 380. 6 See 12 How. 438; 0 Pet. 769; 4 Hall, L. J. 518. » L. ad rationem ponere, to call to account,— 2 Hale, P. C. 216. F. aranier, to speak to, cite: raison, reason. At common law the arraignment of a prisoner consists in calling him to the bar; in his holding up his hand — for identification; in reading the indictment to him — that he may understand the charge; in delnanding, whether he is guilty or not guilty; and in inquiring how he will be tried — the common answer being " By God and my country." l Constitutes no part of the trial, but is a preliminary proceeding. Until the party has pleaded, it cannot be known whether there will be any trial or not.^ In a State in which the constitution provides that the trial of crimes shall be by jury and the prisoner pleads " not guilty," it is mere mockery to ask him how he will be tried, for the constitution has already declared how that shall be. As soon as it judicially appears of record that the party has pleaded not guilty there is an issue which the com't is bound to direct to be tried by a jury.' Though a formal arraignment may be proper it is not essential to the power of the court to convict, when expressly waived by the accused; especially so since there are no longer the same reasons for the formalities of an arraignment that there were In ancient practice when proceedings were in Latin, and the accused could not appear with counsel, and, after a plea of not guilty, he was required to elect between trial by jury and ordeal or wager of battel.* See Battel. The ancient formality is disused. The statutory requirement of furnishing the prisoner with a copy of the indictment takes the place of reading the indictment to him. The record should show that what took place amounted to an arraignment — as. the mention of the prisoner's presence in court, and that he was called upon to plead to the indictment.'