Frazier v. State
Georgia Court of Appeals
Frazier v. State, 420 S.E.2d 824 (1992)
204 Ga. App. 795; 92 Fulton County D. Rep. 1384; 1992 Ga. App. LEXIS 987
McMurray, Sognier, Cooper
Frazier v. State
Opinion
Defendant was convicted of aggravated assault and possession of a firearm by a convicted felon and now appeals. Held:
In his sole enumeration of error, defendant contends the jury should not have been impaneled because he was not arraigned and did not waive arraignment. This contention is without merit. βThe right of formal arraignment and plea will be conclusively considered as waived, where the defendant goes to trial before the jury on the merits, and fails, until after verdict, to bring to the attention of the court that he has not been formally called upon to enter a plea to the indictment. [Cits.]β Waller v. State, 2 Ga. App. 636 (1) (58 SE 1106). See also Gravitt v. State, 53 Ga. App. 353 (185 SE 594).
Judgment affirmed.
Reference
- Full Case Name
- Frazier v. the State
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- 6 cases
- Status
- Published