Public-domain · open source
OpenJurist

52 Ala. App. 628

Stroger v. State

Court of Criminal Appeals of Alabama · decided 1974-06-04

Relies on 50 Ala. App. 661 - Rhodes v. State

Decided 1974-06-04

CATES, Presiding Judge.

¶1Buying, etc., stolen property: sentence, five years in the penitentiary.

¶2The only point argued is that there is no affirmative showing that the appellant had a lawyer when he appeared in the Criminal Court of Jefferson County. [Not the trial court.]

¶3Appellant argues that he waived a preliminary hearing and thereafter came indictment.

¶4Whether he has a lawyer or not is not material. The conferment of a preliminary hearing is not required by either State or Federal constitution. Rhodes v. State, 50 Ala.App. 661, 282 So.2d 100.

¶5Moreover, the appellant failed to raise the question in the circuit court.

¶6We have reviewed the entire record under Code 1940, T. 15, § 389 and consider that the judgment below should be

¶7Affirmed.

All the Judges concur.
/52/alaapp/628 · .json · Public domain