EX PARTE SPEAKS

84-870.

494 So.2d 118 (1986)

Ex parte Anthony Dale SPEAKS. (In re Anthony Dale Speaks v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied June 13, 1986.


Attorney(s) appearing for the Case

Lee Sims and John Percy Oliver, II, Dadeville, for petitioner.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for respondent.


ALMON, Justice.

Certiorari was granted to determine whether a judge may order a severance of jointly indicted defendants immediately before trial because of an insufficient number of jurors, which are required for a joint trial of two defendants, in the absence of a finding of prejudice to a defendant. We answer in the negative and reverse.

The trial court ordered a severance of the cases on the day of trial after it determined that thirty-six prospective...

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