Jolly v. State

The defendant was indicted and convicted for robbery in the first degree. Sentence was ten years' imprisonment. Two issues are presented on appeal.

I

The defendant contends that the trial judge violated Section12-16-9 (b), Alabama Code 1975, by asking the defendant in the hearing of the jury whether he would consent to a separation of the jury pending the trial. No objection was made at trial and this issue is raised for the first time on appeal. Consequently, nothing has been preserved for review. Fuller v.State, 365 So.2d 1010 (Ala.Cr.App. 1978), cert. denied,365 So.2d 1013 (Ala. 1979).

Additio…