ON REHEARING
PER CURIAM:Appellant’s counsel in his brief on rehearing contends:
“This Honorable Court * * * affirmed the conviction of the Circuit
Court of Jefferson County, Alabama. The Court’s opinion indicated that the arraignment on October 6, 1970, in the presence of the defendant’s retained counsel of exactly one day was unnecessary. Your petitioner takes strong issue * * *. The defendant had been represented by court-appointed counsel until October S, 1970, at which time Arthur Parker, an attorney, informed the Court that he had been retained to represent the defendant. The very next day after being arraigned in .the presence of his retained counsel, the defendant was put to trial over timely and proper objection * * *. Your petitioner submits * * * that the trial court judge abused his discretion * *
In Bertrand v. State, 46 Ala.App. 117, 238 So.2d 914, we noted that a lawyer entering a case in which the court has already appointed counsel must normally presume that the ground work will have been laid by the other lawyers, and thus,
“Ordinarily counsel who supplants or supplements other counsel, who have already had ample time to get ready for trial, should not expect or ask for a continuance.”
Inasmuch as Mr. Parker accepted the employment we can only presume that he made a diligent enquiry as to the docket status of the cause beforehand.
Were we to concede to appellate counsel’s argument virtually no criminal cases would be tried-^at least where the defendant could send to the “bull pen” for relief.
The application is due to be overruled.
Opinion extended; application for rehearing overruled.
CATES, P. J., and ALMON, TYSON and HARRIS, JJ., concur.