Mayberry v. State

TAYLOR, Presiding Judge.

The appellant, Ewing J. Mayberry II, was convicted of theft of property in the second degree, a violation of § 13A-8-4, Code of Alabama 1975. He was sentenced to 10 years in the penitentiary.

The appellant first contends on appeal that the trial court erred by telling the jury venire during voir dire that the appellant had been tried on the same charge previously. The appellant’s first trial ended in a mistrial. The trial court was trying to ascertain whether any of the veniremembers had been involved in the first trial. The appellant argues that the venire was unduly…