EDWARDS v. STATE

5 Div. 216.

317 So.2d 511 (1974)

Robert P. EDWARDS, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 29, 1974.


Attorney(s) appearing for the Case

Jack Floyd, Gadsen, for appellant.

William J. Baxley, Atty. Gen., and Richard F. Calhoun, Sp. Asst. Atty. Gen., for the State.


DeCARLO, Judge.

Appellant was indicted in the Circuit Court of Lee County for nighttime burglary with intent to rape. At arraignment, the appellant, then twenty years of age, filed a petition to be tried as a youthful offender. When presented to the court, the motion was overruled. Counsel for appellant contends that the court overruled the motion without referring the matter to a probation officer for investigation and without an examination by the court.

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