Pollitt v. State

Full title: Steve POLLITT v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Feb 18, 1994

630 So. 2d 141 (Ala. Crim. App. 1994)

Opinion

CR-91-1814.

July 23, 1993. Rehearing Denied December 3, 1993. Certiorari Denied February 18, 1994.

Appeal from Montgomery Circuit Court; Joseph Phelps, Judge.

Douglas Freeman, Montgomery, for appellant.

Steve Pollitt, pro se.

James H. Evans, Atty. Gen., and Jean Brown, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

AFFIRMED. NO OPINION.

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

TAYLOR, Judge (dissenting).

I dissent from the majority's holding in its unpublished memorandum that the issue of whether the trial court failed to swear in the jury was waived because it was not first presented to the trial court. This court 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); Tarver v. State, 500 So.2d 1232 (Ala.Cr.App.), aff'd, 500 So.2d 1256 (Ala. 1986); Murphy v. State, 403 So.2d 314 (Ala.Cr.App.), cert. denied, 403 So.2d 316 (1981).