Tutor v. State

ONION, Presiding Judge,

concurring.

The contention is that the trial judge erroneously failed to call on the appellant to enter his guilty plea before the jury. Under the circumstances of this particular case, certainly no reversible error is shown. Regardless of how the statutes may be interpreted, I would not, however, reach out and commend a procedure that would deprive a defendant of the right to enter his guilty plea before the jury. It has been traditional for the defendant to enter his plea before the jury after the indictment has been read to the jury by the prosecutor. It is far better practice. I can’t believe that the trial judge in the instant case intentionally failed to call on the appellant for his plea. This case should not be used as a vehicle for promoting one procedure for a defendant to enter his plea before the jury after the indictment is read when that plea is guilty or nolo contendere and another procedure when the plea is not guilty. Uniformity should prevail.