Alabama Court of Criminal Appeals, 1981

Bennett v. State

Bennett v. State
Alabama Court of Criminal Appeals · Decided December 29, 1981 · Decarlo
410 So. 2d 139; 1981 Ala. Crim. App. LEXIS 2559 (Southern Reporter, Second Series)

Bennett v. State

Opinion of the Court

ON RETURN TO REMAND

DeCARLO, Judge.

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.

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