Fernandez v. State
Supreme Court of Alabama
Writ of error to the Circuit Court of Montgomery. The plaintiffs in error were indicted for robbery. The judgment entry recites the arraignment of the prisoners, the plea of not guilty by them, the submission of the case to the jury, .who returned a verdict of guilty, &c.
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Writ of error to the Circuit Court of Montgomery. The plaintiffs in error were indicted for robbery. The judgment entry recites the arraignment of the prisoners, the plea of not guilty by them, the submission of the case to the jury, .who returned a verdict of guilty, &c. Upon this entry being read in Court, the prisoners’ counsel objected to the same, and as the ground of his objection, offered the admissions of the solicitor to the following effect, viz : When the cause was called, the solicitor announced, the State was ready for trial, when the prisoners’ counsel answered, that they were…
1Opinion of the CourtCollier, C. J.
— The judgment entry in this case is confessedly regular ; it recites the arraignment, plea, and trial of the prisoners in consecutive order, but it is objected, that this recital is untrue in point of fact, as is shown by the bill of exceptions. It is not indispensable to the regularity of the conviction, that the accused should be formally arraigned. If he is advised of the offence with which he is charged, and is prepared, without hearing the indictment read, to answer it, he may plead. Here, it seems, that the prisoners were in Court, *513and when the solicitor announced the State ready to…
2Cases cited1 opinion
- State v. HughesSupreme Court of Alabama · 1840
3Cited by22 opinions
- Spicer v. StateSupreme Court of Alabama · 1881
- Headley v. StateCourt of Criminal Appeals of Alabama · 1973
- Sloss-Sheffield Steel & Iron Co. v. SmithSupreme Court of Alabama · 1911
- Jackson v. StateSupreme Court of Alabama · 1890
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1984
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