Ex Parte Lowe

We granted certiorari in this case to determine whether the defendant is entitled to a new trial as a result of certain errors committed by the trial court. For a statement of the facts see Lowe v. State, 514 So.2d 1042 (Ala.Cr.App. 1986).

The Court of Criminal Appeals correctly held that the circumstances surrounding the Birmingham Police Department's internal affairs investigation tended to negate the inference that the defendant fled because of a consciousness of guilt and, therefore, should have been presented to the jury for its consideration. However, the court then went on to hold that…