Benson v. State

Full title: Randy Ray BENSON v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Feb 26, 1985

473 So. 2d 1131 (Ala. Crim. App. 1985)

Opinion

8 Div. 99.

January 22, 1985. Rehearing Denied February 26, 1985.

Appeal from the Circuit Court of Colbert County, N. Pride Tompkins, J.

Bryce U. Graham, Tuscumbia, for appellant.

Charles A. Graddick, Atty. Gen., and Alice Ann Boswell, Asst. Atty. Gen., for appellee.

TAYLOR, Judge.

Reversed on the authority of Chestnut v. State, 35 Ala. App. 376, 47 So.2d 248 (1950); Rorex v. State, 44 Ala. App. 112, 203 So.2d 294 (1967); McClendon v. State, 44 Ala. App. 558, 216 So.2d 302 (1968); Newsome v. State, 49 Ala. App. 248, 270 So.2d 680 (1972); Ludlum v. State, 52 Ala. App. 631, 296 So.2d 254 (1974); Pugh v. State, 343 So.2d 793 (Ala.Cr.App. 1977), cert. denied, 343 So.2d 795 (Ala. 1977); Town of Gulf Shores v. Jones, 412 So.2d 1259 (Ala.Cr.App. 1982); Kerr v. State, 416 So.2d 781 (Ala.Cr.App. 1982). Where a party perfects an appeal from a lower court to circuit court, the proceeding being de novo, an arraignment of the accused must be conducted in circuit court. Although arraignment may be waived, it appears that counsel brought the failure to arraign to the attention of the court at trial and, so, did not waive arraignment. See Marsden v. State, 475 So.2d 588 (Ala. 1984); Watts v. State, 435 So.2d 135 (Ala. 1983).

We therefore remand for a new trial or other proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.

All the Judges concur.