Arraignment.--The first step in the trial proper is to inform the
defendant of the nature of the crime with which he is charged. The
accusation, as stated in the warrant, is distinctly read to him by the
justice, and he is required to plead thereto. If he pleads guilty,
conviction and sentence may follow at once. If he pleads not guilty, the
trial proceeds.

Trial.--After the joining of issue, and before the court proceeds to the
examination of the merits of the case, a jury is impaneled as in a civil
action. A jury may be waived by the defendant. Then follow the taking of
the testimony, the arguments of counsel, the consideration and verdict by
the jury. The defendant is then discharged if not guilty, or sentenced if
found guilty. The penalty depends, of course, upon the nature of the
offense.


PROCEEDINGS IN EXAMINATION.

Need of Examination.--Over crimes punishable by fine greater than $100 or
imprisonment for more than three months, a justice of the peace usually
has no jurisdiction of trial. The action must be tried in the district
court, on the indictment of a grand jury. But in the meantime the
perpetrator of a crime might escape. To prevent this, the accused may be
arrested and examined by a justice of the peace, to ascertain whether or
not there are sufficient grounds for holding him for trial.

Proceedings.--The preliminary proceedings are precisely like those in case
of a trial. Upon complaint duly made a warrant is issued, and the accused
is arrested and brought before the justice. In the presence of the
accused, the magistrate examines the complainant and witnesses in support