SMILEY v. STATE

3 Div. 40.

371 So.2d 469 (1979)

Frank Herman SMILEY v. STATE.

Court of Criminal Appeals of Alabama.

May 22, 1979.


Attorney(s) appearing for the Case

Tyrone C. Means, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen., for the State, appellee.


LEIGH M. CLARK, Retired Circuit Judge.

One of the two issues expressly presented on appeal was first raised in the trial court by a motion for a new trial. It was alleged therein that the verdict and judgment convicting defendant of burglary and grand larceny should be set aside on the ground, inter alia, as follows:

"23. That the foreperson of the jury is an Assistant Attorney General of Alabama and therefore ineligible to serve as a juror in this cause...

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