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Ex Parte Durden

394 So. 2d 977, 1981 Ala. LEXIS 3272
CourtSupreme Court of Alabama
DecidedFebruary 6, 1981
Docket79-852
StatusPublished
Cited by50 cases

This text of 394 So. 2d 977 (Ex Parte Durden) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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394 So. 2d 977, 1981 Ala. LEXIS 3272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-durden-ala-1981.