In cases of treason, the accused is entitled, on application to the court, to have two counsel assigned him, who may have free access to him at all seasonable hours (7 & 8 Wm. III. c. 3, a. 1). The court may also, if it think fit, upon the accused's making affidavit that he is not worth Si. beyond his wearing apparel, allow him to defend in forst! pattpms ; in which case neither the officers of the court, nor those who are assigned to conduct his cause, may take any fees.
The prisoner, upon being arraigned or charged with the indictment, in cases of felony or misdemeanor, may either confess the charge to be true, in which event such confession is to be recorded and judgment awarded according to law, or may plead to the indictment or demur. By pleading, he puts in issue the facts of the charge ; by demurring, he • its the facts, but contends that they amount to no offeuco indict able by law ; as, if a man were indicted for feloniously stealing grime, without alleging that it was tame or confined ; in which case, upon demurrer, he must be discharged. After demurrer, in cases of felony or misdemeanor, decided against the prisoner, he is not at liberty as a matter of right to plead over " Not Guilty" (Reg. r. Federman, 1 Den.
• c. 569), but the court may him to do so. In either case, if the demurrer be decided for the prisoner, the judgment is that he be dismissed and discharged.
The pleas which may be pleaded by a prisoner are either to the jurisdiction of the court, and these must be pleaded before any other plea, or in abatement (now alinest unknown), or in bar ; and pleas iu bar arc either special pleas or the general issue. Special pleas may allege a previous acquittal, conviction,or attainder of the same offence, or a pardon [Palinox] and, in the case of prosecutions for the non-repair of highways or bridges, the liability, if denied by the defendant, of the party who is liable for the repair of the wane.
The general issue, or " Not Guilty," which is the plea employed in the infinitely greatest number of cases, puts in issue the whole question of the accused's guilt or innocence of the charge in all its bearings ; and not only caste on the prosecutor the burden of making out every part of hie charge, but entitles the accused to give in evidence every powrible ground of justification or excuse which can form an answer to the indictment.
No advantage can now be obtained by a piss in abatement, as by the 7 Goo. IV. C. Cit, a. 19, the court may, upon such cause the indictment to be amended, and call upon the party to plead to it so amended, as if no such plea had been pleaded. In canes of felony, if a special plea be found for the crown, the prisoner may plead over" Not Guilty ;" hut in Cases of misdemeanor, the judgment for the cruwn is final. In either case, if it be found for the prisoner, he is to be dismissed.
If, Instead of pleading, the prisoner stand mute of malice, or will not answer directly to the indictment, the court may order a plea of "Not Guilty" to be entered on his behalf, and such plea will have the pa...e effect as if it had been actually pleaded by hum (7 & 3 Geo. IV. C. 28, s. 2). But if a doubt arise whether he be mute of malice or dumb,* jury Is to be impanneled to try the fact, and, if the latter be found, the court will use means to snake the prisoner understand what le respired of him; but if this be impossible, will direct a plea of "Not Guilty" to be entered, and the trial to proceed. Should he upon arraignment be found to be Insane by a jury impanneled for the purpose under the providers of the 89 & 40 Geo. III. e. 94,w that he cannot be tried, the court may order inch finding to be recorded and the primmer to be kept in strict custody until her Majesty's !demure be known.
When, however, the plea of " Not Guilty" lese been pleaded, the trial is to be hal before some court having jurisdiction, by twelve Junin', generally of the county where the fact is alleged in the indict. rent to have been committed, called a petit jury, by way of diatinction from the grant! jury. The ordinary courts having jurisdiction to try bribeable offenses are the Queen's Bench, the Central Criminal Court, Courts of Oyer and Terminer, Gaol Delivery, and Quarter-Sessions Borough Courts and the Superior Criminal Courts of the Counties Palatine ; but Courts of Quarter-Sessions and Borough Courts WINO no jurisdiction with respect to treason or any felony punishable with death or transportation for life, or several other offences (5 & 6 Viet. c. 38, I). The trial is generally to be bad in the county or district in which the offence was committed.