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13. General principles of Criminal Arraignment
 
  Article 76-Arraignment proceedings  
76.1 Arraignment proceedings  
  When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation made, allowing the accused, however, sufficient time to procure counsel. In a proper case, the magistrate may appoint counsel to represent an accused in such examining trial only, to be compensated as otherwise provided in this Code.  
  The accused in any criminal case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense, whether he be in custody or on bail, at which time the magistrate at the hearing shall determine the amount or sufficiency of bail, if a bailable case.  
76.2 Postponment of examination  
  The magistrate may at the request of either party postpone the examination to procure testimony; but the accused shall in the meanwhile be detained in custody unless he give bail to be present from day to day before the magistrate until the examination is concluded, which he may do in all cases except murder and treason.  
76.3 Warning to accussed  
  Before the examination of the witnesses, the magistrate shall inform the accused that it is his right to make a statement relative to the accusation brought against him, but at the same time shall also inform him that he cannot be compelled to make any statement whatever, and that if he does make such statement, it may be used in evidence against him.  
76.4 Voluntary statement  
  If the accused desires to make a voluntary statement, he may do so before the examination of any witness, but not afterward. His statement shall be reduced to writing by or under the direction of the magistrate, or by the accused or his counsel, and shall be signed by the accused by affixing his name or mark, but shall not be sworn to by him. The magistrate shall attest by his own certificate and signature to the execution and signing of the statement.  
76.5 Counsel may examine witness  
  The counsel for the State, and the accused or his counsel may question the witnesses on direct or cross examination. If no counsel appears for the State the magistrate may examine the witnesses.  
76.6 Universal and same rules of evidence as trial  
  The same rules of evidence shall apply to and govern a trial before an examining court that apply to and govern a final trial.  
76.7 Prescence of the accused  
  The examination of each witness shall be in the presence of the accused.  
76.8 Testimony reduced to writing  
  The testimony of each witness shall be reduced to writing by or under the direction of the magistrate, and shall then be read over to the witness, or he may read it over himself. Such corrections shall be made in the same as the witness may direct; and he shall then sign the same by affixing thereto his name or mark. All the testimony thus taken shall be certified to by the magistrate. In lieu of the above provision, a statement of facts authenticated by State and defense counsel and approved by the presiding magistrate may be used to preserve the testimony of witnesses.  
76.9 Attachment for witness  
  The magistrate has the power in all cases, where a witness resides or is in the county where the prosecution is pending, to issue an attachment for the purpose of enforcing the attendance of such witness; this he may do without having previously issued a subpoena for that purpose.  
76.10 Test of existence of alleged evidence supporting primary facts of offence  
  As the Criminal Code requires the presentation of sufficient evidence to meet the essential primary facts of any offence, the magistrate is required to consider whether in the indictment and subsequent initial evidence, that evidence exists (regardless of whether it has yet been substantiated or not) that relates to each and every primary fact.  
  If evidence does exist (regardless of substantiation), then the magistrate is obliged to proceed with the plea by the defendant, upon which will decide whether there shall be a trial, or a hearing.  
  However, if the magistrate finds that evidence is lacking against at least one, or more primary facts of an offence and no other offences are present in the indictment, then by law an insufficient case against the accused may have been presented and the magistrate may choose to dismiss the case.  
76.11 Unlawful for magistrate to seek to interprit the weight/credibility of evidence  
  While it is upon the magistrate to discern the existence of sufficient evidence to match the primary facts of any indictable offence, it is unlawful for a magistrate to seek to interpret the weight/credibility of prosecution evidence. A magistrate need only confirm or deny the existence of evidence against primary facts, not whether such evidence has merit or is deficient.  
76.12 Plea of the accused  
  If evidence exists for each of the primary facts of the case and the magistrate has indicated that such evidence exists to warrant a case against the accused, then the accused shall be called to stand and make a plea.  
  A plea of not guilty against a charge that suffcient evidence warrants a case shall then call the defendant to nominate either a trial by jury or trial by hearing (without a jury).  
  A plea of guilt against a charge that sufficient evidence warrants a case shall then call the magistrate to rule on penalty and sentence of absolution.  
     
     
 
 

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