2.
– 1. Calling the defendant to the bar by his name, and commanding him
to hold up his hand; this is done for the purpose of completely
identifying the prisoner, as the person named in the indictment; the
holding20up his hand is not, however, indispensable, for if the prisoner
should refuse to do so, he may be identified by any admission that he
is the person intended. 1 Bl. Rep. 3.
3.
– 2. The reading of the indictment to enable him fully to understand,
the charge to be produced against him; The mode in which it is read is,
after' saying, " A B, hold up your hand," to proceed, "you stand
indicted by the name of A B, late of, &c., for that you on, &c."
and then go through the whole of the indictment.
4.
– 3. After this is concluded, the clerk proceeds to the third part, by
adding, " How say you, A B, are you guilty or not guilty?" Upon this, if
the prisoner, confesses the charge, the confession is recorded, and
nothing further is done till judgment if, on the contrary, he answers
"not guilty", that plea is entered for him, and the clerk or attorney
general, replies that he is guilty; when an issue is formed. Vide
generally, Dalt. J. h. t.; Burn's J. h. t.; Williams; J. h. t.; 4 Bl.
Com. 322; Harg. St. Tr. 4 vol. 777, 661; 2 Hale, 219; Cro. C. C. 7; 1
Chit. Cr. Law, 414.
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