JOHNSON v. STATE

7 Div. 182.

300 So.2d 392 (1974)

Robert Joe JOHNSON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 16, 1974.


ON REHEARING

ALMON, Judge.

Appellant claims the trial court was in error in requiring him to select the second jury from the same capital venire. We agree.

For a complete understanding of what occurred, we quote from the record:

"COURT: Are you ready to strike?

"MR. IGOU: Yes sir.

"COURT: All right, go ahead.

"(At a point in the proceeding when the jury had been struct)

"COURT: Just a moment. A venireman who...

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