Public-domain · open source
OpenJurist

35 Ala. App. 376

47 So.2d 248

Chesnut v. State

Alabama Court of Appeals

Decided June 20, 1950

Alabama Court of Appeals · decided 1950-06-20

Key passage — most relied on by later courts

“"There can be no trial on the merits in a criminal case until the defendant has pleaded not guilty, or this plea has been entered for him by the court * * *" Chesnut v. State, supra, 47 So.2d 248 .”

quoted by 5 later decisions, including State v. Wester, 428 So. 2d 138 - Ex Parte Woodyard

““JURY VERDICT AND JUDGMENT OF THE COURT “On this 2nd day of August, 1972, 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 in open Court on this day being arraigned on the indictment in this case charging him with the offense of Grand Larceny, Embezzlement, Buying, Receiving, Cone. Stolen property. “Now on this 20th day of September, 1973, the trial of this case having been regularly set for this day, thereupon, in Open Court on this day in the presence of the District Attorney, Defendant’s Attorney, and Defendant, came a jury of good and lawful men and women, to-wit: “J. H. Snowden, Foreman, and eleven others, who having heard the evidence and the charge of the Court, upon their oaths, in open Court on this day in the presence of the District Attorney, Defendant’s Attorney, and Defendant, so say: ‘WE, THE JURY, FIND THE DEFENDANT GUILTY AS CHARGED UNDER COUNT 1 OF THE INDICTMENT. J. H. Snowden, Foreman.’ “Thereupon, in open Court on the 20th day of September, 1973, the Defendant being asked by the Court if he had anything to say why the judgment and sentence of the law should not be passed upon him replied: ‘He had not.’ “It is therefore, considered and adjudged by the Court that the Defendant is guilty of the offense of Embezzlement, as charged in the indictment, and that the State of Alabama, for the use of Covington County, have and recover of the Defendant the cost of th”

quoted by 1 later decision, including 52 Ala. App. 631 - Ludlum v. State

Relies on Howard v. State · Jackson v. State · Childs v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1950-06-20

How this case has been cited

Cited by 24 later decisions — most recently August 2006

24 state decisions

100195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BRICKEN, Presiding Judge.

¶1 Upon the trial of this case in the court below a number of exceptions to the rulings of the court were reserved and upon this appeal are presented and insisted upon as being error. We find upon investigation however that only one of these insistences need be considered, as said question is conclusive of this appeal.

¶2 It affirmatively appears from the record there was no arraignment of the defendant, and consequently no plea was. interposed by him or entered for him. This matter was called to the attention of the trial judge by defendant’s counsel, whereupon the court stated, “Let it go.” What was meant by this terse statement of the court is difficult to understand. Nevertheless, the record sustains the contention of defendant’s counsel, as shown by the judgment of the court, which is as follows: “On this the 22 day of November, 1949, came the State by her Solicitor and the defendant in person and by attorney. Thereupon came a Jury of good and lawful men, to-wit: C. L. Wester and eleven others who being duly empaneled, sworn and charged according to law upon their oath say: ‘We the juior find the defendant guilty as charged in the Aff. and assess a find of $250.00 dollars against him.’ It is. therefore considered and adjudged by the Court that the defendant is guilty of violating the prohibition laws as charged in the affidavit, and that the State of Alabama for the use of Cherokee County, recover of the defendant the sum of $250.00, the find so assessed by the Jury, together with all. costs of this prosecution, etc. … .”

¶3 There can be no trial on the merits in a criminal case until the defendant has. pleaded not guilty, or this pica has been entered for him by the court; Jackson v. *377 State, 91 Ala. 55, 8 So. 773, 24 Am.St. Rep. 860; Howard v. State, 165 Ala. 18, 50 So. 954; Bowen v. State, 98 Ala. 83, 12 So. 808; Childs v. State, 97 Ala. 49, 12 So. 441.

¶4 Reversed and remanded.

/35/alaapp/376 · .json · Public domain