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Alabama Court of Criminal Appeals, 1993

Pollitt v. State

Pollitt v. State
Alabama Court of Criminal Appeals · Decided July 23, 1993 · McMillan, Taylor
630 So. 2d 141; 1993 Ala. Crim. App. LEXIS 1189; 1993 WL 421725 (Southern Reporter, Second Series)

Pollitt v. State

Dissenting Opinion

TAYLOR, Judge

(dissenting).

I dissent from the majority’s holding in its unpublished memorandum that the issue of whether the trial court failed to swear in the jury was waived because it was not first presented to the trial court. This court has on many occasions stated that the record must affirmatively show that the jury has been sworn. Cole v. State, 580 So.2d 85 (Ala.Cr.App. 1991); Tarver v. State, 500 So.2d 1232 (Ala.Cr.App.), aff'd, 500 So.2d 1256 (Ala. 1986); Murphy v. State, 403 So.2d 314 (Ala.Cr.App.), cert denied, 403 So.2d 316 (1981).

Opinion of the Court

McMILLAN, Judge.

AFFIRMED. NO OPINION.

All Judges concur except TAYLOR, J., who dissents with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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