BERNESS v. STATE

8 Div. 742.

83 So.2d 613 (1955)

Francis Louis BERNESS v. STATE.

Supreme Court of Alabama.

Rehearing Denied November 17, 1955.


Attorney(s) appearing for the Case

John Patterson, Atty. Gen., and L. E. Barton and Owen Bridges, Asst. Attys. Gen., for petitioner.

T. Eugene Burts, Jr., Florence, opposed.


MAYFIELD, Justice.

The defendant, Berness, was convicted of murder in the second degree. The Court of Appeals reversed and remanded this judgment. The State, through its Attorney General, petitioned this court for certiorari to review and revise the judgment of the Court of Appeals. The reversal by the Court of Appeals was based on admonitions and instructions given to certain members of the jury, outside of the court house, during the noon recess, in the absence...

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