Davenport v. State

AFTER REMAND FROM ALABAMA SUPREME COURT

But for one question left unresolved in our opinion in this case, we would be required, without further opinion, to affirm the judgment of the trial court on authority of Ex parte State (Re: Davenport v. State), Ala. 426 So.2d 472 (1982).

The question unresolved in our opinion that has been reversed by the Supreme Court of Alabama pertains to the action of one of the jurors in obtaining a definition of rape from a dictionary, while the jury was not sequestered. The conduct of the juror and the ruling of the trial court on the subject are reflected by the…