Yelton v. State

MERRILL, Justice.

The defendant was convicted of murder in the first degree and sentenced to life imprisonment. He appealed and the Court of Criminal Appeals reversed because the sheriff, an investigator and witness in the case, was in charge of the jury. Yelton v. State, 50 Ala.App. 168, 277 So.2d 912. We denied certiorari, 291 Ala. 804, 277 So.2d 916.

The second trial resulted in the same sentence and the defendant again appealed. The Court of Criminal Appeals again reversed and we granted the petition for certiorari.

The opinion of the Court of Criminal Appeals states:

“Error to reverse and…