Carter v. State

I concur to reverse and remand, and in doing this, I add my comments on the merits of the case.

The judgment of the court sentencing Carter reads as follows:

“On this the 22nd day of August, 1974, in open court came the State of Alabama by its District Attorney and the defendant in his own proper person and with his attorney and the defendant being duly arraigned on the indictment in this case charging him with the offense of assaulting an officer with a deadly weapon while engaged in performance of lawful duty, plead not guilty.

“On this the 17th day of October, 1974, in open court, the…