delivered the opinion of the Court.
This is a capital case, petitioner having been sentenced to death on a count of an indictment charging breaking and entering a dwelling at night with intent to ravish.
1
Petitioner appealed, claiming he had been denied counsel at the time of arraignment. The Alabama Supreme Court, although stating that the right to counsel under the State and Federal Constitutions included the right to
*53
counsel at the time of arraignment, did not reach the merits of the claim because to do so would require impeaching the minute entries at the trial,
2
which may not be done in Alabama on an appeal.
Petitioner thereupon proceeded by way of
coram nobis
in the Alabama courts. The Supreme Court of Alabama, while recognizing that petitioner had a right under state law, 15 Ala. Code § 318, to be represented by counsel at the time of his arraignment, denied relief because there was no showing or effort to show that petitioner was “disadvantaged in any way by the absence of counsel
3
when he interposed his plea of not guilty.”
Arraignment under Alabama law is a critical stage in a criminal proceeding. It is then that the defense of insanity must be pleaded (15 Ala. Code § 423), or the opportunity is lost.
Morrell
v.
State,
Whatever may be the function and importance of arraignment in other jurisdictions,
4
we have said enough to show that in Alabama it is a critical stage in a criminal proceeding. What happens there may affect the whole trial. Available defenses may be as irretrievably lost, if not then and there asserted, as they are when an accused represented by counsel waives a right for strategic purposes. Cf,.
Canisio
v.
New York, 327 U.
S. 82, 85-86. In
Powell
v.
Alabama,
Reversed.
Notes
Another count charged breaking and entering with intent to steal.
The minute entries indicated that petitioner had counsel at the arraignment.
Petitioner was first indicted for burglary and when arraigned had counsel present. Later, the present indictment, relating to the same incident, was returned. His counsel, who had been appointed, was advised that petitioner would be re-arraigned. But no lawyer appeared at this arraignment and we read the Alabama Supreme Court opinion to mean that the earlier appointment did not carry over.
Arraignment has differing consequences in the various jurisdictions. Under federal law an arraignment is a
sine qua non
to the trial itself — the preliminary stage where the accused is informed of the indictment and pleads to it, thereby formulating the issue to be tried.
Crain
v.
United States,
In other States arraignment is not “a part of the trial” but “a mere formal preliminary step to an answer or plea.”
Ex parte Jeffcoat,
An arraignment normally, however, affords an opportunity of the accused to plead, as a condition precedent to a trial.
Fowler
v.
State,
