A court of review will presume that the defendant was properly arraigned and entered his plea in case the record is silent in that respect, unless there is something to show affirmatively that he did not plead to the indictment.31

But the author of this work is of the opinion that this is not good law, for the reason that the pleadings in a cause are a part of the record proper and should appear in the record. The defendant's plea is as much a part of the record as is the indictment, and a record certainly cannot be sufficient if it fails to show affirmatively that the defendant was indicted.

It must be kept in mind that a court of review tries a case upon the record, and not upon what is not in the record.