Johnson v. State

Eddy Johnson, the appellant, was indicted and convicted of robbery in the first degree. Sentence was 35 years' imprisonment. Four issues are argued on appeal.

I

An arraignment can be waived by a defendant by failing to object to the lack of an arraignment until after the jury has returned a verdict. Watts v. State (Ms. 82-676, December 9, 1983) (Ala. 1983); Fernandez v. State, 7 Ala. 511 (1845).

Here, Johnson was present with counsel when his case was called for trial. The trial judge read the indictment to the jury. At trial, Johnson took the witness stand in his own defense and denied…