No irregularity in the arraignment which does not affect the substantial rights of the defendant shall affect the validity of any proceeding in the cause if the defendant pleads to the charge or proceeds to trial without objecting to the irregularity.
Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-203.
ANNOTATION
Arraignment procedures are designed primarily to protect the defendant. Harrington v. District Court, 192 Colo. 351, 559 P.2d 225 (1977).
Representation by nonresident counsel does not nullify arraignment. Where an attorney from a sister state is admitted to the bar of Colorado for the purpose of representing a defendant in a trial for murder in the first degree, the fact that such counsel does not have an associate resident counsel with him in the case does not nullify the arraignment of defendant or his plea of not guilty. Martinez v. People, 134 Colo. 82, 299 P.2d 510 (1956) (decided under repealed § 39-7-9, CRS 53).
Elements of arraignment not ritual from which court cannot deviate. While the statutes and rules prescribe the necessary elements of an arraignment, this section makes it clear that they have not created a ritual from which a court cannot deviate. People v. Adargo, 622 P.2d 593 (Colo. App. 1980).