State v. Baker

In State v. Baker, 268 Ala. 410, 108 So. 2d 361 (1959) the defendant pleaded guilty on the same day he gave notice that he intended to plead guilty. The Court concluded that the guilty plea was not entered in accordance with the statute. The Court also addressed the State's argument that the statute was not mandatory, but directory: "Amendment XXXVII to the Constitution, which is the basis of legislative authority to dispense with indictments in certain felonies, recites '... the defendant cannot plead guilty within fifteen days after his arrest.' We do not think it will be seriously contended that the fifteen-day provision is not mandatory. Clearly the amendment undertakes to require that fifteen days shall elapse after arrest before an indictment can be dispensed with and a plea of guilty received. It is reasonable to presume that the legislature, in adding the additional requirement for three days' notice, intended to place the three-day provision on the same plane as the fifteen-day provision beside which the three-day provision appears." Baker, 268 Ala. at 412-13, 108 So. 2d at 363.