Brown v. State, 30275
| Decision Date | 23 September 1975 |
| Docket Number | No. 30275,30275 |
| Court | Georgia Supreme Court |
| Parties | Tony BROWN v. The STATE. |
James W. Studdard, Jonesboro, for appellant.
William H. Ison, Dist. Atty., Michael D. Anderson, Asst. Dist. Atty., Jonesboro, Arthur K. Bolton, Atty. Gen., Julius C. Daugherty, Jr., Staff Asst. Atty. Gen., Atlanta, for appellee.
Tony Brown, a 16-year-old juvenile, together with three other persons, was indicted for the offense of armed robbery. Upon arraignment the three co-indictees entered pleas of not guilty although later two of such co-indictees changed their pleas to guilty. The appellant in this case refused to enter any plea upon arraignment and insisted that pretrial motions be disposed of prior to formal arraignment. No transcript of the arraignment hearing was included in the record but the trial court has certified that he directed counsel for this appellant to 'file his motions and . . . I would hear them but that the defendant's case . . . would be set down for trial, and . . . if upon hearing the motion it should be determined that the court did not have jurisdiction of the case, it would be no problem to take the case off the trial calendar . . .' It was further certified that upon being arraigned the appellant and his counsel refused to enter any plea and the district attorney entered a plea of not guilty on the indictment for such appellant. Thereafter, the appellant's motion attacking the jurisdiction of the superior court to try him was overruled and the case was tried. The jury returned a verdict of guilty and the appellant was sentenced to four years' imprisonment with a recommendation by the trial court 'that this defendant serve his time in the Georgia Industrial Institute, Alto, Georgia.' The appeal is from this conviction.
1. The appellant's first enumeration of error contends that he was denied the right to arraignment and the second enumeration of error contends that in denying him his right to arraignment he was denied the right to file pretrial motions.
In this case, unlike the situation presented in Birt v. State, 127 Ga.App. 532, 194 S.E.2d 335, the appellant was in court at the time of his arraignment. The record discloses that while no entry of formal arraignment was made by the clerk, the district attorney entered a plea of not guilty on the indictment when the appellant through his attorney announced that he would stand mute. See Code § 27-1405. While under the provisions of Code § 27-1501 demurrers and pleas are determined in that order prior to trial, yet where as here, the arraignment takes place, subject to hearing any pleas that may be filed prior to the trial of the case, the failure to hear such pleas prior to the entering of a not guilty plea does not vitiate such arraignment. The procedure followed in this case did not cause the appellant to be tried without arraignment nor was he precluded from filing any defensive pleading and obtaining a ruling thereon prior to trial....
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