Opinion
6 Div. 541.
December 29, 1981. Rehearing Denied January 26, 1982.
Appeal from the Circuit Court, Jefferson County, William H. Cole, J.
Jerome S. Grand, Birmingham, for appellant.
Charles A. Graddick, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen., for appellee.
ON RETURN TO REMAND
We have examined the transcript of evidence of the hearing conducted after we remanded with directions. This transcript shows, and the appellant's attorney admits that, there was never a request for a preliminary hearing. Under this circumstance, the question of waiver of a preliminary hearing without counsel is not before us.
AFFIRMED.
All the Judges concur.