Abbott v. State

The appellant was tried and convicted by the District Court of Jefferson County for driving under the influence of alcohol, in violation of § 32-5A-191, Code of Alabama 1975. He appealed his conviction to Jefferson County Circuit Court, where, in a trial de novo, a jury also found him guilty of driving under the influence.

I

The appellant maintains that this cause is due to be reversed because the record does not affirmatively reveal that the jury was sworn. Section 12-16-170, Code of Alabama 1975, requires that the record show that the oath was administered to the jury. Gardner v. State, 48…