Summary
In Ex parte White, 403 So.2d 292 (Ala. 1981), the Alabama Supreme Court stated: "The duty is not on the defendant to request a court reporter.
Summary of this case from Johnston v. City of IrondaleOpinion
No. 80-689.
August 21, 1981.
Appeal from the Circuit Court, Lauderdale County, Leslie G. Johnson, J.
T. Michael Putnam of Potts, Young Blasingame, Florence, for appellant.
No briefs filed for respondent.
The duty is not on the defendant to request a court reporter. He is entitled to a court reporter but can waive the right.
By denying the writ, we are not to be understood as approving the statement by the Court of Criminal Appeals that "[n]o violation of the guaranty of due process results from the failure to provide a court reporter to preserve a record of testimony in the absence of a request therefore," for which proposition that court cited Aldridge v. State, 278 Ala. 470, 179 So.2d 51 (1965).
WRIT DENIED.
MADDOX, JONES, SHORES and BEATTY, JJ., concur.