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Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 by Various
page 29 of 314 (09%)
accusation, and afterwards by the whole petit jury of twelve more
finding him guilty upon the trial.

This proceeding is wholly _ex parte_. As the informal statement of the
crime brought the supposed criminal to answer before the inferior
tribunal, so does the formal accusation call upon him to answer before
the superior court. The preliminary proceedings being now complete,
and every step having been taken which is necessary to put the accused
upon his trial, the _ex parte_ character of the proceedings is at an
end. The time approaches when the accused must again be brought face
to face with his accusers; and when, if he has been admitted to bail,
his sureties must deliver him up to the proper authorities, or their
bond is forfeited; in which case, a bench warrant for the apprehension
of the delinquent may issue; and if he cannot still be found, he may
be pursued to outlawry. It may be here mentioned, that the
proceedings may be, at any period, removed from any inferior court
into the Queen's Bench, by what is called a writ of _certiorari_. When
the offender appears voluntarily to an indictment, or was before in
custody, or is brought in upon criminal process to answer it in the
proper court, he is to be immediately arraigned. The arraignment is
simply the calling upon the accused, at the bar of the court, to
answer the matter charged upon him in the indictment, the substantial
parts, at least, of which are then read over to him. This is
indispensable, in order that he may fully understand the charge. So
voluminous are the counts of the indictment recently found against Mr
O'Connell and others, that the reading of the charges they contained
was the work of many hours. The accused is not always compelled
immediately to answer the indictment; for if he appear in term-time to
an indictment for a misdemeanour in the Queen's Bench, it is
sufficient if he plead or demur within four days; the court has a
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