MAYNOR v. STATE

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Docket Number

8 Div. 664.

Attorney(S)

Robert S. Thomas, Scottsboro, for appellant. The determination of the need for counsel certainly can arise no later than arraignment. Thus, enquiry as to whether or not the charge is serious enough to afford the prisoner an opportunity for court appointed counsel, must be viewed from that point in time with regard to the potential punishment, not from hindsight after conviction. Irvin v. State, 44 Ala. App. 101, 203 So.2d 283 (1967). An indigent defendant is entitled to counsel where the charge against him is of a "serious crime." Irvin v. State, 44 Ala. App. 101, 203 So.2d 283 (1967); Chavers v. State, 44 Ala. App. 101, 203 So.2d 283 (1967); Chavers v. State, 44 Ala. App. 471, 213 So.2d 411 (1968). William J. Baxley, Atty. Gen. and Joseph G. L. Marston III, Asst. Atty. Gen., for the State, appellee. The accused has the constitutional right to defend himself in any criminal proceeding, provided that he voluntarily, knowingly and intelligently waived counsel. Jones v. State, 50 Ala. App. 541, 280 So.2d 801, cert. denied, 291 Ala. 785, 280 So.2d 803 (1973).

Judges

DeCARLO, Judge.

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William Arnold MAYNOR v. STATE.

DeCARLO, Judge.

William Arnold Maynor was convicted of assault and battery in the Jackson County Court, fined $50.00, and sentenced to 15 days imprisonment at hard labor for the county.

The charge grew out of an incident wherein his wife alleged she was beaten by appellant on the night of December 5, 1974.

At the trial appellant represented himself and the record does not reflect an attorney at arraignment, inquiry as to indigency or waiver of counsel. We believe these foregoing omissions provide the basis for the reversal of this case. Carnley v. Cochran, 369 U.S. 506, 82 S.Ct. 884, 8 L.Ed.2d 70; Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530.

The presence of counsel is required in misdemeanor and petty offenses to insure the accused a fair trial, Agersinger v. Hamlin, supra.

Reversed and remanded.

All the Judges concur.

William Arnold MAYNOR v. STATE.

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