The defendant shall be arraigned in the court having trial jurisdiction in which the indictment, information, or complaint is filed, unless before arraignment the cause has been removed to another court, in which case he shall be arraigned in that court.
Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-201.
ANNOTATION
Annotator's note. Since § 16-7-201 is similar to repealed laws antecedent to CSA, C. 48, § 479, relevant cases construing those provisions have been included in the annotations to this section.
Arraignment and plea are essential prerequisites to a judgment of conviction. People v. Lawton, 61 Colo. 566, 158 P. 1099 (1916).
Former provisions concerning arraignment and pleading in cases of felonies were held to be imperative. Ray v. People, 6 Colo. 231 (1882).
An arraignment and plea are indispensable to a valid conviction. Wright v. People, 22 Colo. 143, 43 P. 1021 (1896).
Wherever the duty to arraign is imperative, failure in the performance of this duty is fatal, when the record shows the failure in an appellate court. Ray v. People, 6 Colo. 231 (1882).