Home/Supreme Court of Alabama/Ex Parte Durden

Ex Parte Durden

394 So. 2d 977, 1981 Ala. LEXIS 3272
Supreme Court of Alabama·Decided February 6, 1981·No. 79-852·Published·Cited by 50 cases

Opinion

Writ quashed as improvidently granted. By quashing the writ in this cause, we are *Page 978 not to be understood as approving the procedure of qualifying the jury with respect to individual pending criminal cases out of the presence of the defendant and his counsel. The writ is quashed because Petitioner's objection to the composition of the jury came after the jury was impaneled and sworn; and, thus, this objection, although well taken, was untimely.Andrews v. State, 359 So.2d 1172 (Ala.Cr.App. 1978).

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and MADDOX, FAULKNER, JONES, ALMON, SHORES, BEATTY and ADAMS, JJ., concur.

EMBRY, J., dissents.

*Page 484

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Ex Parte Durden, 394 So. 2d 977, 1981 Ala. LEXIS 3272 (Ala. 1981).

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