Smith v. State

Appellant was convicted of the crime against nature, a common law offense, the punishment for which is set out in T. 14, § 106, Code of Alabama 1940, Recompiled 1958. The sentence fixed by the court was ten years imprisonment in the penitentiary.

At the time of trial appellant testified that he was sixteen years of age. On arraignment, at which time he was properly represented by an attorney, appellant petitioned the court to be tried as youthful offender under the terms of T. 15, § 266(1) et seq. After investigating the case as required under the terms of the above law, the court denied the…