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NICKERSON v. STATE

6 Div. 627.

539 So.2d 337 (1987)

Samuel James NICKERSON v. STATE

Court of Criminal Appeals of Alabama.

On Return to Remand February 18 and July 19, 1988.

Rehearing Denied September 20, 1988.

Certiorari Denied February 10, 1989.

Attorney(s) appearing for the Case

L. Dan Turberville, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Fred F. Bell, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 88-32.

McMILLAN, Judge.

The record indicates that during the jury selection the following transpired:

"[Defense counsel]: Your Honor, there are only 5 blacks on the jury venire of 27 people. The Government prosecutor once again is using his strikes to systematically eliminate blacks from the trial. The Defendant is black. I move that a mistrial be declared and a new venire drawn, and that the prosecutor be instructed to not systematically...

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