Farris v. State

Full title: Indee FARRIS v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: May 27, 1994

641 So. 2d 1286 (Ala. Crim. App. 1994)

Opinion

CR-92-1224.

December 30, 1993. Rehearing Denied March 25, 1994. Certiorari Denied May 27, 1994 Alabama Supreme Court 1930963.

Appeal from Jefferson Circuit Court; James Hard, Judge.

Indee Farris, pro se.

James H. Evans, Atty. Gen., and Beth Hughes, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

AFFIRMED. NO OPINION.

All Judges concur except TAYLOR, J., who dissents with opinion.

TAYLOR, Judge (dissenting).

In Part I of its unpublished memorandum, the majority holds that the appellant's allegation that the jury hearing his case was not sworn was without merit because the allegation was speculative and presented no basis in law or fact. This court, however, has on many occasions stated that the record must affirmatively show that the jury has been sworn. Cole v. State, 580 So.2d 85 (Ala.Cr.App. 1991); Traylor v. State, 466 So.2d 185 (Ala.Cr.App. 1985); Murphy v. State, 403 So.2d 314 (Ala.Cr.App.), cert. denied, 403 So.2d 316 (Ala. 1981).

I would remand this cause to the Circuit Court for Jefferson County so that a hearing could be held on this issue. Therefore, I must dissent.