CANAL ZONE V. PEREZ AND GUZMAN.

no bench warrant having been issued, that the court was without jurisdiction in the case.
The laws of the Canal Zone permit the prosecuting attorney to subpoena witnesses, examine them under oath and file informations in the Circuit Courts without any preliminary proceedings being had before the District Court. This power and right seems to be nowhere abridged, therefore, had there been no proceedings before the District Court of Ancon, the question arises as to whether or not, when the Prosecuting Attorney files an information in the Circuit Court and the accused is present in court and pleads to the information and remains in the custody of the court, the issuance of a bench warrant is necessary to jurisdiction:
If the accused, when indicted, is in custody or if he appears in court and submits to the jurisdiction he can not object that no process had issued to arrest him. 12 Cy, Page 343A, and cases there cited.
The defendants should, had they desired to raise a jurisdictional question as to the manner of their being in court, have raised the question at the time of their arraignment; their plea of not guilty was not withdrawn or the question raised until after the trial had been entered upon and they had introduced testimony for the defense.
The following citations sustain this conclusion:
In order that a court may try and punish for an offense, it is not only nee sary that it shall be a legally constituted court and have jurisdiction of the offense, but it is also necessary that it shall have jurisdiction of the person of the defendant.
Irregularities in obtaining jurisdiction of the person of the defendant may be waived by him and they are waived- if he pleads to the indictment and raises no objection. (12 Cy-., 220.)
Jurisdiction of the person of the defendant may be conferred by consent or waiver. (Ibid., 222.)
The objection that a court has no jurisdiction of the person of the accumd may be waived. It must be taken when he is arraigned and is waived if he pleads or goes to trial.
The objection that the courthas no jurisdiction of the person of the defendant whether by reason of some irregularity in the proceedings, or for other reasons is waived by defendant by pleading not guilty and going to trial or by pleading guilty. (Ibid., 228.)
Where one is arrested without a warrant and brought before a magistrate, the charges against him may be investigated and he may be committed in default of bail without the issuance of a warrant or he may be tried without the issuance of a warrant unless a warrant and asworncomplaint isrequired bystatute to confer jurisdiction. (Ibid., 297.)