Rorex v. State

JOHNSON, Judge.

We have carefully examined the record in this cause and the same reflects that there was no arraignment of the appellant and, therefore, no plea to this charge was entered by him or for him. Consequently, the “adjudication of guilt” by the lower court is without legal force or effect.

Presiding Judge Bricken, speaking for this court in Chesnut v. State, 35 Ala. App. 376, 47 So.2d 248, stated in part as follows:

“There can be no trial on the merits in a criminal case until the defendant has pleaded not guilty, or this plea has been entered for him by the court; Jackson v. State,…