Golden v. State

On Application for Rehearing

Both appellant and appellee have become applicants for a rehearing. Beyond that unanimity ceases.

The Attorney General argues that Golden’s counsel, in not calling to the court’s attention the separation seen by them during the noon recess, waived the error, since the jury was allowed to retire without a motion for a mistrial having been made by Golden.

Penney v. Grant, 16 Ala.App. 510, 79 So. 271, 272, comes nearest to supporting this view:

“ * * * But, having the knowledge in his possession, the defendant will not be permitted to speculate upon the verdict, and, if…