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Marsden v. State

475 So. 2d 588
CourtSupreme Court of Alabama
DecidedJuly 6, 1984
Docket83-292
StatusPublished
Cited by15 cases

This text of 475 So. 2d 588 (Marsden v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marsden v. State, 475 So. 2d 588 (Ala. 1984).

Opinion

The writ of certiorari was granted in this case to review an order of the Court of Criminal Appeals remanding this case to the trial court for determination whether Norman F. Marsden was formally arraigned. Marsden has not questioned the sufficiency of the evidence, but maintains that absent a formal arraignment his conviction cannot stand.

We hold that even though Marsden was not formally arraigned he has waived arraignment by pronouncing his readiness to proceed with trial and maintaining silence thereafter. No objection was made until the jury had returned its guilty verdict. This holding is on the authority of Watts v. State, 460 So.2d 204 (Ala. 1983).

REVERSED AND REMANDED.

TORBERT, C.J., and MADDOX, FAULKNER, JONES, ALMON, SHORES, BEATTY and ADAMS, JJ., concur. *Page 589

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Norman F. Marsden v. Louie Moore, Sheriff, Chilton Co., Alabama, Norman F. Marsden v. George Bowen, Warden, Staton Correctional Facility, Elmore, Alabama
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Marsden v. State
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Bluebook (online)
475 So. 2d 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsden-v-state-ala-1984.