Hill v. State

ON RETURN TO REMAND

BOWEN, Judge.

I

In response to the directions of this Court, 582 So.2d 1165, on remand of this case, both the trial court and the court reporter have submitted documents affirmatively showing that the jury was placed under oath as required by Ala. Code 1975, § 12-16-170. Therefore, this issue raised by the appellant is clearly without factual merit.

II

The other issue raised by the appellant is that there was a break in the chain of custody of the cocaine.

At approximately 3:30 on the afternoon of January 23, 1990, Fort Rucker military police patrolman Sergeant Jimmy Smith,…