Legal Opinion

Brazzley v. State

Court of Criminal Appeals of Alabama

Decided January 20, 1981No. 3 Div. 261PublishedCited by 1 opinion

1Opinion of the Court

HARRIS, Presiding Judge.

Appellant was convicted of the offense of possession of marijuana and the court sentenced him to ten years in the penitentiary.

The record at arraignment and the judgment entry affirmatively show that appellant was not represented by counsel at arraignment and that he did not waive the presence of counsel. This constitutes reversible error. Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114; Garsed v. State, 51 Ala.App. 622, 288 So.2d 161; Knight v. State, 42 Ala.App. 672, 178 So.2d 101; Perkins v. State, 281 Ala. 139, 199 So.2d 839; Drummond v. State,…

2Cases cited5 opinions

  1. Hamilton v. AlabamaSupreme Court of the United States · 1961
  2. Garsed v. StateCourt of Criminal Appeals of Alabama · 1973
  3. Knight v. StateAlabama Court of Appeals · 1965
  4. Perkins v. StateSupreme Court of Alabama · 1967
  5. Drummond v. StateCourt of Criminal Appeals of Alabama · 1977

3Cited by1 opinion

  1. Weakley v. StateCourt of Criminal Appeals of Alabama · 1997

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