121 Ga. 368 | Ga. | 1904
(After stating the foregoing facts.) The defendant was charged with a misdemeanor punishable by fine or imprisonment. On the call of the case he was absent; but his authorized counsel offered to enter a plea of guilty for him. This the court refused to. allow, holding that it had no jurisdiction to enter upon the trial or to receive the plea in the prisoner’s absence. The rule in the several States on the subject is not uniform. In some
It is conceded that a trial of a felony case could not proceed without the defendant having been arraigned or made a valid waiver thereof. But there is nothing in the code which suggests that there is in this respect any difference between trials for felony and trials for misdemeanor. On the contrary it seems to contemplate an arraignment in all cases. Penal Code, § 947. This formality is intended, among other things, to cut off all question as to misnomer, and to identify the person on trial as being the one named in the indictment. Regularly this procedure requires the defendant to stand up, face the court and jury, and listen to the reading of the indictment. In answer to the clerk’s inquiry whether he is guilty or not guilty of the offense charged, he orally makes his plea. This is not a . mere idle ceremony, but furnishes a safe and conclusive means of identification. It permits •the court, on the rendition of a verdict of guilty, to impose sentence and put the identified defendant into execution. To secure this important end it is Therefore tire State’s right to have him present when the trial begins. Besides, this requirement prevents the prosecution from degenerating into the appearance of a mock trial before a moot court, with no one in apparent jeopardy. And while the arraignment may be expressly or tacitly waived (Hudson v. State, 117 Ga. 704), yet the waiver must be an eqirivalent of the thing waived, and be made while present and under such circumstances as will serve the purpose of the law in requiring that formality. The administration of criminal laws should be not only impartial but equal, with privileges to none not accorded to all. If one defendant, or class of defendants, may be tried without being present, so could every other person charged with a misdemeanor. To. allow this privilege to one or to all would be to rob the proceedings of that serious reality which serves a wise and useful purpose. This element of impressiveness was recognized as being so important as to furnish the basis for deciding the analogous question as to whether at common law one convicted of a misdemeanor could be sentenced in his absence. If the punishment had to be by fine only, it was in the discretion of
Judgment affirmed.