by John Marshall Harlan

“ In trials for minor offenses a formal arraignment in practice is generally dispensed with. In such cases, where the defendant has plead to the indictment, an arraignment will be presumed. But a party, before he can be put upon his trial, must plead to the indictment. In civil proceedings it is error to submit a cause to the jury without an issue in fact having been made up by parties. ”

“ Undoubtedly, the section of the Revised Statutes under which the indictment was framed embraces several distinct acts, the doing of either of which is punishable. It is prohibited either to falsely make, alter, forge, or counterfeit, or to cause to be falsely made altered, forged, or counterfeited, any deed, power of attorney, order, certificate, receipt, or other writing for the purpose of obtaining recovering, or enabling any other person, either directly or indirectly, to obtain or receive from the United States any sum of money. ”

“ There is no presumption in favor of defendant upon a criminal trial excepting that of innocence. Error in the record is not presumed, but must be shown. A presumption that proper forms were omitted is not to be made. There must be at least some evidence to show it. And yet, because the record fails to make a statement in terms that the defendant was thus arraigned and did so plead, this judgment is to be reversed, and that, too, without an allegation, or even a pretense, that the defendant has suffered any injury by reason of any alleged defect of the character in question. ”

“ The views we have expressed would seem to be the necessary result of section 1032 of the Revised Statutes, which provides: 'When any person indicted for an offense against the United States, whether capital or otherwise, upon his arraignment stands mute or refuses to plead or answer thereto, it shall be the duty of the court to enter the plea of not guilty on his behalf in the same manner as if he had pleaded not guilty thereto. ”

“ Neither sound reason nor public policy justifies any departure from settled principles applicable in criminal prosecutions for infamous crimes. Even if there were a wide divergence among the authorities upon this subject, safety lies in adhering to established modes of procedure devised for the security of life and liberty. Nor ought the courts, in their abhorrence of crime, nor because of their anxiety to enforce the law against criminals, countenance the careless manner in which the records of cases involving the life or liberty of an accused are often prepared. ”

“ In capital or other infamous crimes an arraignment has always been regarded as a matter of substance. 'The arraignment of the prisoner,' Lord Coke said, 'is to take order that he appear, and for the certainty of the person to hold up his hand, and to plead a sufficient plea to the indictment or other record.' Co. ”

“ We perceive no sound reason why the doing of the prohibited thing in each and all of the prohibited modes may not be charged in one count, so that there may be a verdict of guilty upon proof that the accused had done any one of the thin § constituting a substantive crime under the statute. And this is a view altogether favorable to an accused who pleads not guilty to the charge contained in a single count, for a judgment on a general verdict of guilty upon that count will be a bar to any further prosecution in respect of any of the matters embraced by it. ”

“ The prisoner made no objection to proceeding, and he was convicted. The question arose whether the conviction was valid under a statute then in force which provided that 'all indictments which may be found for any capital offense shall be heard, tried and determined exclusively in the courts which are to be holden pursuant to the second section hereof by three or more of the said justices.' Chief Justice Parsons said: 'We are all of opinion that the power of hearing, trying, and determining an indictment for a capital offense includes a power to arraign a prisoner, and to record his plea. ”

“ Under a statute of New Jersey making it an offense to burn or cause to be burned any barn, not parcel of a dwelling house, an indictment containing one count, charging that the defendant 'burned and caused to be burned,' etc., was sustained by the supreme court of New Jersey in State v. ”

“ People of Utah, 110 U.S. 574, 579, 4 Sup. Ct. 202, this court, observing that the public has an interest in the life and liberty of an accused person, said: 'Neither can be lawfully taken except in the mode prescribed by law. ”

“ Without it there is nothing for the jury to try. Johnson v. People, 22 Ill. 314.' The judgment was reversed. In the subsequent case of Hoskins v. People, 84 Ill. 87, which was an indictment for larceny, the court said: 'It appears from the record that defendant 'waived arraignment, copy of indictment, list of jurors and witnesses,' etc., but no plea of any kind was entered. So far as this record discloses, no plea was entered before the accused was placed on tri l. On the authority of the former decisions of this court, this was error. Johnson v. People, 22 Ill. 314; Yundt v. People, 65 Ill. ”