Mosley v. State

McMILLAN, Judge.

The appellant was convicted of manslaughter, in violation of § 13A-6-3, Code of Alabama 1975. He was sentenced to 20 years’ imprisonment and was ordered to pay $50 to the victims’ compensation fund.

The appellant contends that the trial court committed reversible error when it allowed a co-defendant, who had not yet been tried, to invoke his Fifth Amendment right and not testify. The trial court in doing so, he argues, denied him his right to a fair and impartial trial.

The following colloquy, which occurred outside the presence of the jury, between the trial court, the…