Payne v. State

ON REHEARING

CATES, Judge.

We have received the following letter from counsel for appellant:

“In the opinion in this case rendered February 8, 1972, I note that John C. Tyson, III, concurred.

“It is known that Mr. Tyson was a member of the staff of the Attorney *408General. I do not know whether or not he was a member when the brief was prepared for the State of Alabama in this case back in March of 1969.

“However, I would respectfully question the ethics of any judge passing on a matter which was in the office of the attorney general during the period he was there, whether or not he actually…