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Irby v. State

Court of Criminal Appeals of Alabama
Dec 5, 1972
270 So. 2d 693 (Ala. Crim. App. 1972)

Opinion

2 Div. 91.

December 5, 1972.

Appeal from the Circuit Court, Dallas County, Virgis M. Ashworth, J.

No brief for appellant.

No brief for appellee.


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.


Summaries of

Irby v. State

Court of Criminal Appeals of Alabama
Dec 5, 1972
270 So. 2d 693 (Ala. Crim. App. 1972)
Case details for

Irby v. State

Case Details

Full title:Clinton IRBY v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Dec 5, 1972

Citations

270 So. 2d 693 (Ala. Crim. App. 1972)
49 Ala. App. 263

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