Mathews v. State

I concur in the opinion prepared for this Court by the Honorable William I. Byrd, Circuit Judge. In addition to the authorities cited in the Court’s opinion, as prepared, I felt it appropriate to cite Spears v. State, Ala.Cr.App., 329 So.2d 579, cert. den., Ala., 329 So.2d 582; and Proctor v. State, Ala.Cr.App., 331 So.2d 828, in further support of our holding with reference to the use of a “special venire.”

I also wish to cite Scott v. State, Ala.Cr.App., 331 So.2d 759, cert den., Ala., 331 So.2d 762, also in support of the above point, and also as to its holding with reference to the excusal…