O'Leary v. State

TYSON, Judge.

Daniel P. O’Leary was indicted by the grand jury for the offense of possession of marijuana. His jury trial resulted in a conviction and sentence of fifteen years imprisonment in the penitentiary.

The dispositive issue on this appeal is whether or not the appellant was ever arraigned on the charge for which he was indicted and convicted. From our examination of the record we conclude he was not so arraigned and, therefore, reverse and remand this cause for a new trial.

Appellant was called for arraignment on January 23, 1978, but was not present. There is no dispute as to this…