Arkansas Code Annotated

Ark. Code Ann. § 16-85-701 (2020)

Definition

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As used in this code, unless the context otherwise requires, an arraignment is the reading of the indictment to the defendant and the asking of him or her if he or she pleads guilty or not guilty to the indictment.

History. Crim. Code, § 155; C. & M. Dig., § 3050; Pope's Dig., § 3876; A.S.A. 1947, § 43-1201; Acts 2005, No. 1994, § 274.

Publisher's Notes. “This code,” referred to in this section, means the Code of Practice in Criminal Cases of 1869. See parallel reference tables in the tables volume.

Amendments. The 2005 amendment deleted “by the clerk” following “indictment” and inserted “or her” and “or she.”

Case Notes

Cited: Davidson v. State, 108 Ark. 191, 158 S.W. 1103 (1913); Mitchell v. Stephens, 353 F.2d 129 (8th Cir. 1965); Nance v. State, 323 Ark. 583, 918 S.W.2d 114 (1996).

Notes of Decisions
Cited in 3 cases, 1991–1997 · leading case: Nance v. State, 918 S.W.2d 114 (Ark. 1996).
Nance v. State, 918 S.W.2d 114 (Ark. 1996). · cites it 4× “Rearraignment Appellant next argues that the trial court erred in failing to arraign him and take his plea on the amended informations, in violation of Ark. Code Ann. §§ 16-85-701 and -702 (1987).”
Curtis Morton v. City of Little Rock Phillip Wilson, & Ronnie Gatewood, Individually & in Their Off. Capacities, 934 F.2d 180 (8th Cir. 1991). · cites it 2× “The citation to Ark.Code Ann. § 16-85-701 was erroneous; however, appellant in his amended petition corrected his earlier mistake and cited to Ark.”
Landrum v. State, 944 S.W.2d 101 (Ark. 1997). · cites it 2× “See Ark. Code Ann. § 16-85-701 (1987). See also Black’s Law Dictionary 109 (6th ed.”
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