Waiver for failure to timely call court's attention to defects.

- Law of this state is well settled that a 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 done so. Sellers v. State, 82 Ga. App. 761, 62 S.E.2d 395 (1950).

Prima facie proof of guilty plea.

- When there is an entry on the accusation of waiver of arraignment and plea of guilty, signed by the acting solicitor (now district attorney), such record entry furnishes prima facie evidence of a plea of guilty by the defendant. Jackson v. Lowry, 171 Ga. 349, 155 S.E. 466 (1930).

Presumption that guilty plea has been made and entered.

- In the absence of anything to the contrary, it will be presumed that the accused orally plead guilty, and that the clerk of the court entered the plea of guilty upon the minutes of the court as required by the Code. Jackson v. Lowry, 171 Ga. 349, 155 S.E. 466 (1930).

Cited in Johnson v. State, 7 Ga. App. 48, 66 S.E. 148 (1909); Thigpen v. Ault, 231 Ga. 796, 204 S.E.2d 147 (1974).

Am. Jur. 2d.

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

C.J.S.

- 22 C.J.S., Criminal Law, § 496.