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• Title: John Turner v. State Alabama
• Author : Supreme Court of Alabama
• Release Date : January 20, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

PER CURIAM. This is an appeal by defendant from a judgment of conviction of burglary in the first degree, and his punishment
fixed at twenty-five years imprisonment in the penitentiary. The indictment was returned on the 8th day of September 1955.
It contained two counts. One for burglary in the first degree, and the other undertook to charge grand larceny but was defective
and eliminated on defendant's plea in abatement. On September 13, 1955 defendant was duly arraigned and pleaded not guilty, having been represented by counsel. The court
set the trial down for September 19, 1955, and ordered a special venire as required by law, and directed that a copy of the
indictment be served on defendant as the law requires. The venire was drawn and on September 19, 1955 defendant and his counsel
appeared and objected to trial on the ground that the copy of the indictment which had been served on defendant contained
an error and was not a true copy. The court thereupon reset the trial for September 22, 1955, and ordered a true copy of the
indictment served on defendant. This was done accordingly and a correct copy served on defendant for one entire day prior
to the trial. Section 63, Title 30, Code of 1940. On September 22, 1955 defendant objected to a trial because the court did
not again arraign him after resetting the trial. This was unnecessary. Howard v. State, 165 Ala. 18, 50 So. 954; Davis v.
State, 259 Ala. 212(217), 66 So.2d 714. The court properly overruled the objection.

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