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SINGLETON v. STATE

8 Div. 405.

262 So.2d 768 (1971)

In re Arthur SINGLETON v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

February 4, 1971.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and Charles H. Barnes, Asst. Atty. Gen., for the State.

Parker, Wilkinson & Montgomery, Birmingham, for defendant.

MADDOX, Justice.

Can a defendant charged with a felony, not capital, waive a jury trial, enter a plea of not guilty and be tried by a circuit judge without a jury? The Court of Criminal Appeals, 48 Ala.App.—262 So.2d 767, answered this question in the negative. We granted certiorari to review the decision on the ground that it was one of first impression in Alabama. After review, we believe the judgment of the Court of Criminal...

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