id. 410; 12 Kan. 550; 37 Pa. St. 108; 84 id. 187; 59 Mich. 106. An accessory not amenable to the law cannot be arraigned, unless his acts render him liable as principal-1 Wood. & M. 221. On separate trials, the conviction of the principal is only prima facie evidence of guilt on trial of the accessory, and inay be collaterally disputed-3 Cliff. 221; 6 Ired. 236; 29 Me. 84; 33 N. H. 216; 10 Pick. 477; 1 Mass. 54; 13 Wend. 592; 10 Smedes & M. 192; 1 Moody C. C. 347. Aiders and abettors may be convicted, although the principal has been acquitted-28_Ga. 216; 29 Mo. 32; 10 Cal. 68; 1 Leach, 360; 2 Shaw, 370; Russ. & R. C. C. 314; Salk. 334. 972. An accessory to the commission of a felony may be prosecuted, tried, and punished, though the principal may be neither prosecuted nor tried, and though the principal may have been acquitted. [In effect April 9th, 1880.] Both the principal and accessory may be indicted together or separately, without reference to the previous conviction or acquittal of the other-10 Cal. 68; 20 id. 439; and so with reference to aiders and abettors-id. Accessories before the fact may be tried separately-40 Cal. 129; 56 Ga. 92; 4 Ill. 368; 49 id. 410; 14 Ind. 52; 46 Iowa, 265; 12 Kan. 550; 29 Me. 84; 126 Mass. 242; 18 Ohio St. 496; 19 Ohio, 131; 25 Pa. St. 221; 12 Wis. 532; Law R. 1 C. C. 77; Bell's C. C. 243. They may be indicted, although the prime actor be dead or escaped-2 Brev. 38; Meigs, 106; and see 24 Mo. 475. 1 TITLE VI. Of Pleadings and Proceedings after Indictment and before the Commencement of the Trial. CHAP. I. OF THE ARRAIGNMENT OF THE DEFENDANT, §§ 976-90. II. SETTING ASIDE THE INDICTMENT, §§ 995-9. IV. PLEA, §§ 1016-25. V. TRANSMISSION OF CERTAIN INDICTMENTS FROM COURT OR MUNICIPAL CRIMINAL COURT OF VI. REMOVAL OF THE ACTION BEFORE TRIAL, §§ VII. THE MODE OF TRIAL, §§ 1041-3. VIII. FORMATION OF THE TRIAL JURY AND THE CAL- IX. POSTPONEMENT OF THE TRIAL, § 1052. CHAPTER I. OF THE ARRAIGNMENT OF THE DEFENDANT. § 976. Defendant must be arraigned in the court where the indictment is filed or transferred. § 977. Defendant, when to be present at arraignment. $978. If in custody, to be brought before court. § 979. If discharged on bail, bench-warrant to issue. § 980. Bench-warrant, by whom and how issued. § 981. Form of bench-warrant. § 982. Directions in the bench-warrant. § 983. Bench-warrant, how served. § 984. Proceeding on giving bail in another county. § 985. Ordering defendant into custody or increasing ball when in dictment is for felony. § 986. Defendant, if present when order made, to be committed; if not, bench-warrant to issue. § 987. Right to counsel on arraignment. § 988. Arraignment, how made. § 989. Proceedings on arraignment, when defendant is not indicted by his true name. § 990. Time allowed, and how defendant may answer on arraignment. 976. When the indictment or information is filed, the defendant must be arraigned thereon before the Court in which it is filed, unless the cause is transferred to some other county for trial. [In effect April 9th, 1880.] Arraignment necessary.-A verdict in a case where there has been neither arraignment nor plea is a nullity-28 Cal. 330; 3 Wis. 830. The failure of this duty is fatal-52 Cal. 480; 54 Ind. 159; 31 Mich. 4:3 Pinn. (Wis.) 357; 53 Mo. 234; 1 Tex. Ct. App. 408; contra, 12 Kan. 3. but it need not be repeated after a mistrial-58 Ga. 35. If, on appea the record fails to show that defendant was arraigned and pleaded, the court will assume that there was no arraignment or plea-52 Ca 480. The defendant does not waive an arraignment and plea by se mitting to a trial, introducing witnesses, and allowing the case to te argued on his belair-28 Cal. 330; 3 Wis. 830; see 8 Smedes & M.S When the case in which defendant is arraigned is removed to another court, no fresh arraignment is required-39 Md. 355. 977. If the indictment or information be for a felony, the defendant must be personally present; but if for a misdemeanor, he may appear upon the arraignment by counsel. [In effect April 9th, 1880] Personal presence.-The defendant is arraigned in person-55 Cal. 298; unless in case of misdemeanor-42 Cal. 168. In case of breaking jail and escaping, he waives his right to have counsel appear for him In a case of misdemeanor-55 Cal. 298; 42 Cal. 168; 97 Mass. 543, cited 23 Cal. 160. See Const. Cal. art. i, § 13. 978. When his personal appearance is necessary, if he is in custody, the court may direct, and the officer in whose custody he is must bring him before it to be arraigned. Rights of defendants.-The defendant has a right to appear and remain without chains and shackles-42 Cal. 168. 979. If the defendant has been discharged on bail, or has deposited money instead thereof, and do not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench-warrant for his arrest. See 55 Cal. 298. 980. The clerk, on the application of the district attorney, may, at any time after the order, whether the court is sitting or not, issue a bench-warrant to one or more counties. See 55 Cal. 298. - A. D. 981. The bench-warrant upon the indictment or information must, if the offense is a felony, be substantially in the following form: County of The people of the State of California to any sheriff, constable, marshal, or policeman in this State: An indictment having been found (or information filed) on the day of eighteen in the Superior Court of the county of charging C. D. with the crime of (designating it generally); you are, therefore, commanded forthwith to arrest the above named C. D., and bring him before that court, (or if the indictment and information has been sent to another court, then before that court, naming it (to answer said indictment (or information); or if the court be not in session, that you deliver him into the custody of the sheriff of the county of Given under my hand, with the seal of said court Cited 55 Cal. 298; 54 Cal. 102. A general description of the offense is sufficient-9 Ga. 75. 982. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the sheriff of the county in which the indictment is found or information filed, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench-warrant a direction to the following effect: "Or, if he require it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment, or information"; and the court, upon directing it to issue, must fix the amount of bail, and an indorsement must be made thereon and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of dollars." [In effect April 9th, 1880.] Cited 54 Cal. 103; 55 Cal. 298. 983. The bench-warrant may be served in any county, in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by the magistrate of that county. Cited-55 Cal. 298. See ARREST, ante, §§ 841-851. 984. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon. Cited-55 Cal. 298. 985. When the information or indictment is for a felony, and the defendant, before the filing thereof, has |