Right to arraignment generally.

- Generally, a person indicted for or charged with an offense is entitled as a matter of right to be arraigned before pleading to the indictment. Hiatt v. State, 144 Ga. App. 298, 240 S.E.2d 894 (1977).

When the record showed that a defendant waived a formal arraignment and pled guilty, a reading of the indictment was not required at the guilty plea hearing and there was no merit to the defendant's claim that the trial court should have granted the defendant's motion for an out-of-time appeal because the defendant was not formally arraigned pursuant to O.C.G.A. § 17-7-91, or because the trial court did not read the indictment to the defendant pursuant to O.C.G.A. § 17-7-93. Johnson v. State, 287 Ga. App. 759, 652 S.E.2d 836 (2007).

Necessary steps in arraignment.

- Purpose of an arraignment being to put the defendant on notice as to the charge against which the defendant must defend, the only formal arraignment necessary is reading the indictment to the accused and the entering of the defendant's plea of not guilty. Clark v. State, 138 Ga. App. 266, 226 S.E.2d 89 (1976).

Three days' notice does not mean 72 hours' notice.

- This section required at least three days' notice of arraignment. However, it does require a full 72 hours since the statute was couched in the number of days and not the number of hours. Smith v. State, 235 Ga. 620, 221 S.E.2d 41 (1975).

Giving notice to bondsman.

- While it is true that the notice of arraignment as required by O.C.G.A. § 17-7-91(a) was not given to the bondsman, this did not void the bond or release the bondsman's obligations under the bond because at the time of giving notice of arraignment, there was no bondsman to be notified. Osborne Bonding Co. v. Harris, 183 Ga. App. 764, 360 S.E.2d 32, cert. denied, 183 Ga. App. 906, 360 S.E.2d 32 (1987).

Actual notice of arraignment.

- Failure to mail notice of arraignments to the surety could not be used as a basis for avoidance of the bond obligation since the surety had actual notice of the arraignment in time to assure the defendant's presence. Jam Bonding Co. v. State, 182 Ga. App. 608, 356 S.E.2d 551 (1987).

No fixed period of time for arraignment.

- There is no provision of law requiring that an accused be arraigned within any fixed period of time. Brand v. Wofford, 230 Ga. 750, 199 S.E.2d 231 (1973).

Arraignment may be rescheduled.

- Dismissal of charges against a defendant arising out of a road rage incident was not required on the ground that the defendant's arraignment was postponed on three separate occasions; O.C.G.A. § 17-7-91 did not mandate that an arraignment date be permanently fixed and not subject to rescheduling and the defendant failed to show that the notices of arraignment for any of the rescheduled dates were defective. Adams v. State, 282 Ga. App. 819, 640 S.E.2d 329 (2006).

Mere call of the case is not a formal arraignment. Birt v. State, 127 Ga. App. 532, 194 S.E.2d 335 (1972).

Arraignment or waiver as prerequisites to further proceedings.

- Until arraignment or a waiver thereof, there can be no jury impaneled and no placing of the defendant in jeopardy. Hardwick v. State, 231 Ga. 181, 200 S.E.2d 728 (1973).

Power to have plea entered when defendant stands mute.

- Trial court does not err by ordering a plea of not guilty to be entered when the defendant stands mute upon the defendant's arraignment. Hardwick v. State, 231 Ga. 181, 200 S.E.2d 728 (1973).

Waiver of arraignment and plea generally.

- Defendant may waive arraignment and plea by failure to call the attention of the court to this defect in the proceedings at the proper time, and when it does not appear that the defendant made any mention of the fact until after the verdict, the defendant is conclusively presumed to have waived the arraignment and plea. Bunn v. State, 150 Ga. App. 294, 257 S.E.2d 364 (1979); Moore v. State, 153 Ga. App. 511, 265 S.E.2d 821 (1980).

Defendant was not denied due process by an arraignment without proper notice since the defendant's own appellate brief established that the defendant waived any valid objection to the sufficiency of notice by appearing at arraignment and entering a not guilty plea. Reedman v. State, 265 Ga. App. 162, 593 S.E.2d 46 (2003).

Because the defendant voiced no objection at trial to the alleged lack of arraignment or notice, any error in the lack of arraignment was waived by the defendant's failure to raise the issue prior to verdict; even if there had been no waiver, the defendant failed to show, or even assert harm. Flores v. State, 308 Ga. App. 368, 707 S.E.2d 578 (2011), cert. denied, No. S11C1072, 2011 Ga. LEXIS 527 (Ga. 2011).

Waiver of defendant's presence at arraignment.

- Presence of the defendant at the arraignment is waived by failure of the defendant's counsel to object to proceeding in the client's absence at the arraignment. Davis v. State, 135 Ga. App. 203, 217 S.E.2d 343 (1975).

When formal indictment deemed waived.

- After the jury is impaneled to try the case, and after the state and the defendant introduce evidence, and the defendant makes a statement, but before any argument of counsel, and before the jury was charged by the court, the defendant will be deemed to have waived formal arraignment. Gravitt v. State, 53 Ga. App. 353, 185 S.E. 594 (1936).

Whenever the defendant presents an issue of law without demanding a formal arraignment, this amounts to a waiver of arraignment as to issues of law or fact. Hiatt v. State, 144 Ga. App. 298, 240 S.E.2d 894 (1977).

Formal prerequisites to arraignment met.

- If the defendant is aware of the indictment, waives formal arraignment, and pleads not guilty, the formal prerequisites to arraignment are met. Moore v. State, 153 Ga. App. 511, 265 S.E.2d 821 (1980).

Cited in Haden v. State, 176 Ga. 304, 168 S.E. 272 (1933); Fowler v. State, 196 Ga. 748, 27 S.E.2d 557 (1943); Jones v. State, 224 Ga. 283, 161 S.E.2d 302 (1968); Dixon v. State, 224 Ga. 636, 163 S.E.2d 737 (1968); Smith v. Greek, 226 Ga. 312, 175 S.E.2d 1 (1970); Jones v. State, 135 Ga. App. 893, 219 S.E.2d 585 (1975); McKenzey v. State, 138 Ga. App. 88, 225 S.E.2d 512 (1976); Hicks v. State, 145 Ga. App. 669, 244 S.E.2d 597 (1978); Hicks v. State, 147 Ga. App. 814, 250 S.E.2d 558 (1978); Simpson v. State, 150 Ga. App. 814, 258 S.E.2d 634 (1979); Presnell v. State, 159 Ga. App. 598, 284 S.E.2d 106 (1981); Teague v. State, 163 Ga. App. 453, 294 S.E.2d 690 (1982); Biddy v. State, 253 Ga. 289, 319 S.E.2d 842 (1984); Jam Bonding Co. v. State, 179 Ga. App. 82, 345 S.E.2d 87 (1986); Huff v. State, 197 Ga. App. 233, 398 S.E.2d 258 (1990).

When notice of arraignment to be given.

- Unless a true bill has been returned or an accusation preferred, it is premature to give the accused notice of an arraignment at the time of arrest. 1973 Op. Att'y Gen. No. U73-26.

Sufficiency of notice.

- Notice of arraignment to appear on the first day of the next court, which was attached to a copy of the bond in a criminal case, was not sufficient notice to the defendant to satisfy the statute. 1968 Op. Att'y Gen. No. 68-13.

Clerk's fee for notice.

- Notice of arraignment required by former Code 1933, § 27-401 (see O.C.G.A. § 17-7-91) to be sent to all defendants in criminal cases was to be treated as a summons rather than as a subpoena in determining the correct fee to be charged by the clerk of court pursuant to former Code 1933, § 24-2727 (see O.C.G.A. § 15-6-77). 1967 Op. Att'y Gen. No. 67-42.

Applicability to traffic cases.

- Since the notice is made applicable to "all criminal cases," the notice is meant to apply to traffic cases as well as all other criminal cases. 1965-66 Op. Att'y Gen. No. 66-216.

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 24, 565 et seq., 579 et seq., 596.

C.J.S.

- 22 C.J.S., Criminal Law, § 482.

ALR.

- Defendant's appeal from plea conviction as affected by prosecutor's failure or refusal to dismiss other pending charges, pursuant to plea agreement, until expiration of time for appeal, 86 A.L.R.3d 1262.