$81. affected by reason of a defect or imperfection in matter Oct. 19, 1864, of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. Formal defect insufficient. Where the district attorney signed the indictment officially, but did not specify the county of which he was district attorney, the defect was held immaterial: People v. Ashnauer, 47 Cal. 98; see also People v. Dick, 37 Id. 277; People v. Clarke, 7 Pac. C. L. J. 177; People v. Dalton, 58 Cal. 226. The omission in an indictment of the initial letter of the defendant's middle name cannot prejudice: Peo Indictment not insufficient for defect of form. ple v. Ferris, 56 Id. 442. The above § 82. § 1281. [82.] Neither presumptions of law, nor mat- Oct. 19, 1864, ters of which judicial notice is taken, need be stated in an indictment. Presumptions of law: See §§ 775, 776 [765, 766, Code Civ. Proc.], ante, pp. 581, 585. Matters judicially noticed: See § 708 [698, Code Civ. Proc.], ante, P. 561. Presumptions of law or matters judicially known need not be stated in indictment. J 83. Pleading a proceeding § 1282. [83.] In pleading a judgment or other deter- Oct. 19, 1864, mination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts judgment or conferring jurisdiction; but the judgment, determina- before court of special tion, or proceeding may be stated to have been duly jurisdiction. given or made. The facts conferring jurisdiction, however, must be established on the trial. Pleading judgment of court to § 86 [85, Code Civ. Proc.], ante, of special jurisdiction: See note p. 230. 84. Private statute, § 1283. [84.] In pleading a private statute, or right Oct. 19, 1864, derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court how pleaded. must thereupon take judicial notice thereof. Pleading private statute: See note to § 88 [87, Code Civ. Proc.], ante, p. 231. $ 85. Pleading in for libel. § 1284. [85.] An indictment for libel need not set Oct. 19, 1864, forth any extrinsic facts, for the purpose of showing the application to the party libeled of the defamatory mat- indictment ter on which the indictment is founded; but it is sufficient to state generally that the same was published concerning him; and the fact that it was so published must be established on the trial. Pleading in indictment for § 90 [88, Code Civ. Proc.], and note, libel, extrinsic facts, etc.: See ante, p. 232. Oct. 19, 1864, $86. Pleading in indictment for forgery, when instru ment has been withheld or destroyed by defendant, Oct. 19, 1864, $87. § 1285. [86.] When an instrument which is the subject of an indictment for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment and established on the trial, the misdescription of the instrument is immaterial. § 1286. [87.] In an indictment for perjury or subornation of perjury, it is sufficient to set forth the subindictment for stance of the controversy or matter in respect to which Pleadings in perjury or perjury. subornation of the crime was committed, and in what court, or before whom, the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed. Id., 88. Defendants, one or more in same indictment, may be convicted or acquitted. Id., $89. When crime may be alleged to have been committed within the county. Id., So. Distinctions between persons committing and aiding in commission of felony, abrogated. Indictment for perjury. In all indictments for perjury or subornation of perjury, it is necessary to set forth the substance of the controversy or matter in respect to which the crime was committed: State v. Witham, 6 Or. 366. In an indictment for perjury alleged to have been committed by a witness in the trial of a civil action, it is sufficient to allege that the oath was taken in that court, without designating the officer by whom it was administered: State v. Spencer, 6 Id. 152. § 1287. [88.] Upon an indictment against several defendants, any one or more may be convicted or acquitted. § 1288. [89.] In an indictment for a crime committed as described in sections 1212 [13], 1213 [14], 1214 [15], 1215 [16], 1216 [17], and 1217 [18], it is sufficient to allege that the crime was committed within the county. where the indictment is found. Place of trial of criminal actions: See chapter 3 of this code. § 1289. [90.] The distinction between an accessary before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated, and all persons concerned in the commission of a felony, whether they directly commit the act constituting the crime, or aid and abet in its commission, though not $90. present, must hereafter be indicted, tried, and punished Oct. 19, 1864, as principals, as in the case of a misdemeanor. Indictment against one aiding and abetting, where he was present at the commission of the crime, is suf ficient if it charges him directly with § 1290. [91.] An accessary after the fact, to the com- Id., § 91. mission of a felony, may be indicted, tried, and punished Accessary after though the principal felon be neither indicted or tried. fact may be tried before principal. compounding committing been indicted. § 1291. [92.] A person may be indicted for having, ia., § 92. with the knowledge of the commission of a crime, taken Indictment for money or property of another, or a gratuity or a reward, crime, though or an engagement or promise thereof, upon an agree- same has not ment or understanding, express or implied, to compound or conceal the crime, or to abstain from a prosecution. therefor, or to withhold any evidence thereof, though the person guilty of the original crime have not been indicted or tried. § 1296. § 1297. Proceeding when defendant gives another name. If the defendant do not give his true name, may be proceeded against § 1298. Time allowed the defendant to answer the indictment. § 1299. How defendant may answer indictment. § 1300. § 1301. § 1302. If defendant refuse to plead, plea of not guilty to be entered. § 1303. § 1304. Defendant, if discharged on bail or deposit, bench-warrant may issue. § 1308. Bench-warrant may issue to one or more counties; how served. § 1309. § 1310. Defendant, when must be taken before magistrate to put in bail. § 1311. Same subject. § 1312. Court may order defendant into custody unless increased bail be § 1313. Defendant, if present, to be committed; if not, bench-warrant to issue. Oct. 19, 1864, 93. Defendant, when and where arraigned. Oct. 19, 1864, § 94. Arraignment, how made. 20 Or. 152. Oct. 19, 1864, $95. Defendant to be informed that he is entitled to counsel. Oct. 19, 1864, $96. Defendant to be requested to declare his true name. Id., $97. § 1292. [93.] When the indictment has been filed, the defendant, if he has been arrested, or as soon thereafter as he may be, must be arraigned thereon before the court in which it is found. § 1293. [94.] The arraignment must be made by the court, or by the clerk or the district attorney under its direction, and consists in reading the indictment to the defendant, and delivering to him a copy thereof and the indorsements thereon, including the list of witnesses indorsed on it or appended thereto, and asking him whether he pleads guilty or not guilty to the indictment. Arraignment. As to the proceeding of arraignment, see Wharton's Cr. Pl. & Pr., secs. 699, 700. The defendant is entitled to a copy of the indictment or information, but if upon his arraignment he asks for time to plead, he thereby waives any defect in the statutory detail of the proceedings which constitute an arraignment, such as a failure to deliver a copy of the indictment: People v. Lightner, 49 Cal. 226. There must, however, be an arraignment and plea: People v. Corbett, 28 Id. 328; People v. Gaines, 52 Id. 479; Grigg v. People, 31 Mich. 471. The defendant does not waive an arraignment and plea by submitting to a trial: People v. Corbett, 28 Cal. 328; but see Molihan v. State, 30 Ind. 266; State v. Cassidy, 12 Kan. 551. § 1294. [95.] If the defendant appear for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel. with their obligations to others," and that attorneys who render such services cannot recover any compensation therefor from the county. Right to counsel: See art. 1, § 11, Oregon Constitution, ante, p. 79; art. 6, Amendments to U. S. Constitution, ante, p. 50. In Rowe v. Yuba County, 17 Cal. 62, approved in Lamont v. So- The accused ought to be informed lano County, 49 Id. 158, it was held of his right to counsel at the com"part of the general duty of counsel mencement of the proceedings of arto render professional services to per- raignment; yet the arraignment will sons accused of crime who are desti- not be void if he is so informed in tute of means, upon the appointment the course of the arraignment: People of the court, when not inconsistent v. Villarino, 4 West Coast Rep. 693. § 1295. [96.] When the defendant is arraigned, he must be informed that if the name by which he is indicted be not his true name he must then declare his true name, or be proceeded against by the name in the indictment. § 1296. [97.] If the defendant give no other name, ceeded against the court may proceed accordingly. May be pro by name in indictment. Id., $98. § 1297. [98.] If the defendant allege that another name is his true name, the court must direct an entry Oct. 19, 1864, thereof to be made in its journal, and the subsequent proceedings on the indictment may be had against him by that name, referring also to the name by which he is in- when defenddicted. Proceeding, ant gives another name. $99. Time allowed answer the indictment. $ 100. § 1298. [99.] If, on the arraignment, the defend- Oct. 19, 1864, ant require it, he must be allowed until the next day, or such further time as the court may deem reasonable, to defendant to answer the indictment. § 1299. [100.] If the defendant do not require time, Oct. 19, 1864, as provided in the last section, or if he do; then on the next day, or at such further day as the court may have ant may allowed him, he may, in answer to the arraignment, indictment. either move the court to set aside the indictment, or may 20 Or. 152. demur or plead thereto. How defend answer § 101. If defendant § 1300. [101.] If the defendant, within the time re- Oct. 19, 1864, quired, refuse to demur or plead to the indictment, the court must direct that a plea of not guilty be entered him. for refuse to plead, plea of not guilty to be entered. $ 102. arraignment, § 1301. [102.] When the indictment is for a felony, Oct. 19, 1864, the defendant must be personally present at the arraignment; but if it be for a misdemeanor only, and the appearance at defendant has been held to answer to the charge, his when necespersonal appearance is unnecessary, and he may appear by counsel. sary. 103. § 1302. [103.] When the personal appearance of the Oct 19, 1864, defendant is necessary, if he be in custody, the court may If defendant in direct the proper officer to bring him before it to be custody, how arraigned, and the officer must do so accordingly. brought in. 104. Defendant, if discharged on bench-warrant bail or deposit, § 1303. [104.] If the defendant has given bail, or has Oct. 19, 1864, deposited money in lieu thereof, and do not appear to be arraigned when his personal appearance is necessary therefor, the court, in addition to the forfeiture of the undertaking of bail, or of the money deposited in lieu thereof, may order the clerk to issue a bench-warrant for his arrest. may issue. § 1304. [105.] When an indictment is filed in court, Id., $105. if the defendant has not been arrested and held to Benchanswer the charge, unless he voluntarily appear for Wow issued warrant, by |