RAINES v. STATE

SC 989.

317 So.2d 559 (1975)

In re Don RAINES v. STATE of Alabama. Ex parte Don Raines.

Supreme Court of Alabama.

As Corrected on Denial of Rehearing July 10, 1975.


Attorney(s) appearing for the Case

T. J. Carnes, Albertville, for petitioner.

William J. Baxley, Atty. Gen., Montgomery, and George M. Boles, Sp. Asst. Atty. Gen., Birmingham, for the State, respondent.


COLQUITT, Circuit Judge.

This case presents the narrow but precise issue whether the statutory waiver of a jury trial required by the Youthful Offender Act (Act No. 335, approved Feb. 10, 1972, Tit. 15 § 266(1)-(6), Code of Alabama, is violative of the constitutional guarantees of the right to trial by jury and due process of law.

Don Raines was indicted for unlawfully selling marijuana. At arraignment the trial court appointed counsel to represent Raines...

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