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Drummond v. State

Court of Criminal Appeals of Alabama
Dec 20, 1977
353 So. 2d 546 (Ala. Crim. App. 1977)

Summary

reversing a robbery conviction because Drummond was not represented by counsel at arraignment

Summary of this case from Storey v. State

Opinion

6 Div. 595.

December 20, 1977.

Appeal from the Circuit Court, Walker County, T. Leon Beaird, J.

Pat Nelson of Elliott, O'Rear Robinson, Jasper, for appellant.

William J. Baxley, Atty. Gen., and Milton E. Belcher, Asst. Atty. Gen., for the State.


Appellant was convicted of robbery and the jury fixed his punishment at ten years in the penitentiary.

Appellant's court-appointed counsel raises two issues on this appeal in which he asserts error to reverse, (1) the absence of counsel at arraignment, and (2) comment by the District Attorney in closing argument on the failure of the defendant to testify.

The record at arraignment and the judgment entry affirmatively show that appellant was not represented by counsel at arraignment and that he did not waive arraignment. This constitutes reversible error. Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114; Garsed v. State, 51 Ala. App. 622, 288 So.2d 161; Knight v. State, 42 Ala. App. 672, 178 So.2d 101; Perkins v. State, 281 Ala. 139, 199 So.2d 839.

Since this case must be reversed for the error noted we do not deem it necessary to write to appellant's other claim of error.

Reversed and remanded for a new trial.

All the Judges concur.


Summaries of

Drummond v. State

Court of Criminal Appeals of Alabama
Dec 20, 1977
353 So. 2d 546 (Ala. Crim. App. 1977)

reversing a robbery conviction because Drummond was not represented by counsel at arraignment

Summary of this case from Storey v. State
Case details for

Drummond v. State

Case Details

Full title:David Nolan DRUMMOND v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Dec 20, 1977

Citations

353 So. 2d 546 (Ala. Crim. App. 1977)

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