Jones v. State

On Rehearing Ex Mero Motu

McMILLAN, Presiding Judge.

This Court’s opinion of June 30, 2000, is withdrawn and the following is substituted therefor.

The appellant, Marcus Antonio Jones, appeals from his conviction for murder, a violation of § 13A-5-40(a)(2), Ala.Code 1975. He was sentenced to 99 years’ imprisonment, and was ordered to pay $9,500 restitution, attorney fees, and court costs.

I

The appellant argues that the trial court erred in failing to ensure that the jury was properly sworn, pursuant to § 12-16-170, Ala. Code 1975.

An examination of the record reveals that the members of the jury…