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  1. #1
    This is what you are referring to concerning giving the Court jurisdiction. This is from the great State of Georgia but it spells it out nicely.
    TITLE 17. CRIMINAL PROCEDURE
    CHAPTER 7. PRETRIAL PROCEEDINGS
    ARTICLE 5. ARRAIGNMENT AND PLEAS GENERALLY

    O.C.G.A. § 17-7-94 (2011)

    § 17-7-94. Recordation and effect of plea of "not guilty" or of standing mute


    If the person accused of committing a crime, upon being arraigned, pleads "not guilty" or stands mute, the clerk shall immediately record upon the minutes of the court the plea of "not guilty," together with the arraignment; and the arraignment and plea shall constitute the issue between the accused and the state.


    HISTORY: Laws 1833, Cobb's 1851 Digest, p. 834; Code 1863, § 4525; Code 1868, § 4544; Code 1873, § 4638; Code 1882, § 4638; Penal Code 1895, § 947; Penal Code 1910, § 972; Code 1933, § 27-1405.
    The arraignment and plea [together] shall constitute the issue between the accused and the state.

    Appearance perfects the process i.e paperwork. Any errors in the process are made perfect by ones appearance. What is needed is an abatement. An abatement is not a challenge to the Court, it is a notice to the Court that there are errors in the process.

    Long story short. An abatement informs the Court "Fix the errors in the process [paperwork] and I will show."
    Last edited by Shuftin; 01-20-12 at 06:34 AM.

  2. #2
    Quote Originally Posted by Shuftin View Post
    This is what you are referring to concerning giving the Court jurisdiction. .

    Appearance perfects the process i.e paperwork. Any errors in the process are made perfect by ones appearance.

    Thank You, brother Steve, for helping to make my point ...

  3. #3
    Anthony Joseph
    Guest
    Is there a meaningful and/or consequential difference between:

    "I have not plead anything"

    and

    "I am not here to plead"


    Also, wouldn't, "I have not yet plead" be contrued as having an intent to plead in the future?

  4. #4
    there is a contumacious difference between the two

    You are still missing the point

  5. #5
    Anthony Joseph
    Guest
    Quote Originally Posted by Binbokusai Yagyuu View Post
    there is a contumacious difference between the two

    You are still missing the point
    Well, don't hold out B' Yag; let me in on it.

  6. #6
    Shuftin
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    This is what you are referring to concerning giving the Court jurisdiction. This is from the great State of Georgia but it spells it out nicely.
    TITLE 17. CRIMINAL PROCEDURE

    § 17-7-94. Recordation and effect of plea of "not guilty" or of standing mute


    If the person accused of committing a crime, upon being arraigned, pleads "not guilty" or stands mute, the clerk shall immediately record upon the minutes of the court the plea of "not guilty," together with the arraignment; and the arraignment and plea shall constitute the issue between the accused and the state.


    HISTORY: Laws 1833, Cobb's 1851 Digest, p. 834; Code 1863, § 4525; Code 1868, § 4544; Code 1873, § 4638; Code 1882, § 4638; Penal Code 1895, § 947; Penal Code 1910, § 972; Code 1933, § 27-1405.
    The arraignment and plea [together] shall constitute the issue between the accused and the state.

    Appearance perfects the process i.e paperwork. Any errors in the process are made perfect by ones appearance. What is needed is an abatement. An abatement is not a challenge to the Court, it is a notice to the Court that there are errors in the process.

    Long story short. An abatement informs the Court "Fix the errors in the process [paperwork] and I will show."

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