District attorney is ordinarily the prosecuting officer.

- In criminal proceedings initiated by indictment by the grand jury, the solicitor general (now district attorney) is ordinarily the prosecuting officer for the state. Curtis v. State, 99 Ga. App. 732, 109 S.E.2d 868 (1959).

Signature of the defendant is not required on the plea entered on the indictment because the signature by the solicitor general (now district attorney) is sufficient. Brantley v. State, 121 Ga. App. 79, 172 S.E.2d 852 (1970).

Signature of the defendant is not required on the plea entered on the indictment. When the indictment showed clearly that the district attorney entered and signed this statement: "The Defendant Vaughn Baker waives being formally arraigned and pleads not guilty," this satisfied the requirements of the statutes and the rights of the defendant at trial. Baker v. State, 202 Ga. App. 892, 416 S.E.2d 295, cert. denied, 202 Ga. App. 905, 416 S.E.2d 295 (1992).

Entries made when arraignment waived.

- When arraignment is waived, the solicitor general (now district attorney) may enter this fact and the plea of not guilty on the indictment and an issue is made for trial. No further pleading need be done by the defendant. Tarver v. State, 95 Ga. 222, 21 S.E. 381 (1894).

Effect of entry when arraignment and plea have not actually taken place.

- When the solicitor general (now district attorney) enters on the indictment arraignment and plea when by inadvertence there has been neither arraignment nor plea, and as a result there is really no issue before the court, the solicitor general (now district attorney) may enter a nolle prosequi at any time before the introduction of evidence. In such a case, there being no issue, the defendant is not entitled to a verdict of not guilty. Bryans v. State, 34 Ga. 323 (1866).

Cited in Goforth v. Wigley, 178 Ga. App. 558, 343 S.E.2d 788 (1986).

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 581, 582.

C.J.S.

- 22 C.J.S., Criminal Law, § 496.