The arraignment and plea of the defendant is the first step in the progress of the trial of a criminal cause for the purpose of the forming of an issue.22

For if the defendant does not plead to the indictment there is no issue to try - no dispute for a jury to determine.

If the court proceeds with the trial without a plea of the defendant it is error; and the entering of the plea after the trial is in progress, and witnesses sworn and examined, will not cure the error. A plea cannot be entered nunc pro tunc after verdict.23

But if a plea be entered by order of the court nunc pro tunc, after the trial, in the presence of the defendant, and he makes no objection, he waives the error and is bound by the action of the court.24

18 Dacy vs. People, 116 Ill., 568;

Perteel vs. People, 70 Ill., 171-175; Owens vs. State, 110 Ga., 292.

19 People vs. Brown, 46 Cal., 102. 20 Wiggins vs. State, 84 Ga., 488;

Dacey vs. People, 116 111., 566. 21 Steele vs. People, 45 111., 157;

Ballard vs. State, 31 Fla., 266. 22 Minich vs. People, 8 Colo., 440;

Parkinson vs. People, 135 Ill., 402. 23 Parkinson vs. People, 135 Ill., 403; Hughes' Cr. Law, Sec.

2839.