Irby v. State

Court of Criminal Appeals of Alabama

Irby v. State

270 So. 2d 693, 49 Ala. App. 263, 1972 Ala. Crim. App. LEXIS 829

CourtCourt of Criminal Appeals of Alabama

DecidedDecember 5, 1972

Docket2 Div. 91

StatusPublished

Cited by2 cases

This text of 270 So. 2d 693 (Irby v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Irby v. State, 270 So. 2d 693, 49 Ala. App. 263, 1972 Ala. Crim. App. LEXIS 829 (Ala. Ct. App. 1972).

Pincite

Opinion

ALMON, Judge.

The appellant pled guilty to an indictment charging burglary in the second degree and was sentenced to two years at hard labor for Dallas County.

The record does not show any colloquy between the judge and the defendant to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.

On authority of Honeycutt v. State, 47 Ala.App. 640, 259 So.2d 846, and Walcott v. State, 288 Ala. 546, 263 So.2d 178, the judgment appealed from must be reversed and the cause remanded.

Reversed and remanded

All the Judges concur.

Free access — add to your briefcase to read the full text and ask questions with AI