In my view the trial judge should be ordered to grant a new trial or show cause to the contrary. An alternative writ is proper in this situation.

In re: Wilbert Weathersby applying for Writ of Habeas Corpus.

Writ granted. Verdict and sentence are set aside and annulled. Relator remanded for new trial. See Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530.