Presnell v. State

Sognier, Judge.

Presnell appeals his conviction for escape from confinement and motor vehicle theft.

Appellant enumerates as error the trial court’s action in empaneling a jury and proceeding with trial when appellant was not formally arraigned and refused specifically to waive such arraignment. The trial court ordered appellant to enter a plea over his objection that he had not been given the three day notice of arraignment required by Code Ann. § 27-1401. In a recent case with an identical factual situation, we reversed and held: “Although that Code section provides as a general rule that the…