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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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During arraignment in a criminal case against accused X for illegal possession of dangerous drugs, the judge does not perform a searching inquiry. He merely asks: 'Are you the person named in the information?' Accused X, who is illiterate, answers 'Yes.' The defense counsel does not object. The information charges the possession but contains a minor clerical error in the place described and a factual inaccuracy about the quantity. The accused pleads not guilty and the trial proceeds. The defense later moves to quash the information for lack of a proper arraignment and to challenge the defect in the information.
(a) Identify the doctrine of 'searching inquiry' and its purpose in the arraignment process.
(b) Distinguish the controlling rule on searching inquiry from other arraignment steps, and explain why this matters to the validity of the plea.
(c) Apply to the facts: Was a proper searching inquiry conducted? What is the appropriate remedy for the failure to conduct one, and for the defective information?

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