Chesnut v. State, 7 Div. 69
| Decision Date | 20 June 1950 |
| Docket Number | 7 Div. 69 |
| Citation | 35 Ala.App. 376,47 So.2d 248 |
| Parties | CHESNUT v. STATE. |
| Court | Alabama Court of Appeals |
Keener & Keener, of Centre, for appellant.
A. A. Carmichael, Atty. Gen., for the State.
Upon the trial of this case in the court below a number of exceptions to the rulings of the court were reserved and upon this appeal are presented and insisted upon as being error. We find upon investigation however that only one of these insistences need be considered, as said question is conclusive of this appeal.
It affirmatively appears from the record there was no arraignment of the defendant, and consequently no plea was interposed by him or entered for him. This matter was called to the attention of the trial judge by defendant's counsel, whereupon the court stated, 'Let it go.' What was meant by this terse statement of the court is difficult to understand. Nevertheless, the record sustains the contention of defendant's counsel, as shown by the judgment of the court, which is as follows:
There can be no trial on the merits in a criminal case until the defendant has pleaded not guilty, or this plea has been entered for him by the court; Jackson v. State, 91 Ala. 55, 8 So. 773, 24 Am.St.Rep. 860; Howard v. State, 165 Ala. 18, 50 So. 954; Bowen v. State, 98 Ala. 83, 12 So. 808; Childs v. State, 97 Ala. 49, 12 So. 441.
Reversed and remanded.
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State v. Wester
...valid conviction, and no valid sentence. He refers us to four decisions which he asserts uphold this rule. They are Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248 (1950), rule reaffirmed by Strong v. State, 47 Ala.App. 238, 252 So.2d 659 (1971); People v. Shoffner, 400 Ill. 174, 79 N.E.2d ......
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Lawson v. State
...21 Ala.App. 192, 106 So. 624 (1925); Howard v. State, supra; Presley v. State, 22 Ala.App. 167, 113 So. 485 (1927); Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248 (1950); Rorex v. State, 44 Ala.App. 112, 203 So.2d 294 (1967); Pugh v. State, 343 So.2d 793 (Ala.Crim. App.1977); McMurray v. S......
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State v. Winters, 15354
...criminal case until the Defendant has pleaded not guilty or this plea has been entered for him by the Court," Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248, 248 (Ala.Ct.App.1950). See also Strong v. State, 47 Ala.App. 238, 252 So.2d 659 (Ala.Crim.App.1971), reversing a murder in the first......
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Strong v. State
...the bill of exceptions could not contradict the record. See also Spann v. Town of Hartford, 23 Ala.App. 17, 121 So. 436; Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248; Huddleston v. State, 37 Ala.App. 57, 64 So.2d 90; Rorex v. State, 44 Ala.App. 112, 203 So.2d 294; McClendon v. State, 44 ......