Showers v. State

Respondent, Willie James Showers, was convicted in the Macon County Circuit Court of the crime of sodomy of a twenty-five year old retarded man and was sentenced to seven years' imprisonment. Appeal was taken to the Court of Criminal Appeals, 407 So.2d 167, which reversed the conviction on the ground that after the jury had deliberated for some time, the trial judge called the jury into court and inquired as to how the jury was split on the verdict. The petitioner, the State of Alabama, applied for rehearing and requested the finding of additional facts under Rule 39 (k), ARAP. An additional…