Spivey v. State

*258Hunter, J.

On October 22, 1970, the appellant, Willie Joe Spivey, was charged by indictment with the offense of second degree burglary. He was thereafter arrested on said charge March 9, 1971; on March 10, 1971, he waived arraignment and entered a plea of not guilty. Subsequently, on March 22, 1971, the defendant in person and by counsel waived his right to a jury trial. Thereafter trial was held March 25, 1971, before the Honorable John T. Davis, Judge, Marion Criminal Court Division One and he was found guilty as charged. Following the filing of the pre-commitment report he was ordered to…