To arraign is nothing else but to call the prisoner to the bar of the court to answer the matter charged against him in the indictment.25

The old common law formality was to read the indictment to the defendant on his arraignment for the purpose of informing him of the charge he was required to answer, but the furnishing him with a copy of the indictment answers the purpose of reading it.26

It is universally the practice to furnish the defendant with a copy of the indictment, a list of the witnesses, and of the jurors at the time of his arraignment on an indictment for a felony, and also in a misdemeanor when he shall make request for such copy. But if the defendant pleads to the indictment without having been first provided with such copy and list of witnesses or jurors he thereby waives his right in that respect.27

Blackstone says, that under the common law, in all criminal offense whether of the grade of felony or misdemeanor, the standing mute of the defendant, hath always been equivalent to a conviction.28

But the more humane doctrine and better practice is for the court to direct a plea of not guilty to be entered if the defendant stands mute and refuses to plead.

24 Long vs People, 102 Ill., 336;

State vs. Glave, 51 Kan., 330. 25 Hughes' Cr. Law. Sec. 2830; 4

BlacKstone Com., ,522; State vs. Tate, 156 Mo., 119. 26 Munich vs. People, 8 Colo., 440;

Goodin vs. State, 16 Ohio St., 334; Collins vs. People, 194

Ill., 506. 27 Kelley vs. People, 132 Ill., 371;

Hicks vs. State, Ill Ind., 402;

Bartley vs. People, 156 Ill., 234; State vs. Fuller, 14 La., 667. 28 4 Blackstone Com., 325.