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YELTON v. STATE

SC 869.

317 So.2d 331 (1974)

In re Thomas William YELTON v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

Rehearing Denied September 12, 1974.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for petitioner, the State.

David T. Hyde, Jr., Evergreen, for respondent.

MERRILL, Justice.

The defendant was convicted of murder in the first degree and sentenced to life imprisonment. He appealed and the Court of Criminal Appeals reversed because the sheriff, an investigator and witness in the case, was in charge of the jury. Yelton v. State, 50 Ala.App. 168, 277 So.2d 912. We denied certiorari, 291 Ala. 804, 277 So.2d 916.

The second trial resulted...

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