Edwards v. State

DeCARLO, Judge.

Appellant was indicted in the Circuit Court of Lee County for nighttime burgla ry with intent to rape. At arraignment, the appellant, then twenty years of age, filed a petition to be tried as a youthful offender. When presented to the court, the motion was overruled. Counsel for appellant contends that the court overruled the motion without referring the matter to a probation officer for investigation and without an examination by the court.

We are of the opinion that the cause must be remanded to the court to investigate and examine the appellant at a hearing and determine…