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Criminal procedure — trial — when commences — trial commencing with arraignment — arraignment — what constitutes
Military law — court martial — arraignment — what constitutes — convening order for court martial not part of arraignment
? The term "trial" can be regarded as including "arraignment" and the trial of an accused person commences when he is arraigned. The calling upon an accused person to appear, the informing him of the crime charged against him, the demanding of him whether he be guilty or not guilty, and the entering of his plea, comprise the arraignment of the accused. His plea having been entered, he is said to stand arraigned. However, a convening order for a court martial cannot be classed as an arraignment. It is no more than an internal document meant for the guidance of those involved in setting up, and conducting a prosecution before, a court martial.
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