Drummond v. State

HARRIS, Judge.

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…