Seibert v. State

ON REHEARING

In addition to the views expressed by this Court on original deliverance, to which we adhere, we note the following points.

At the time of the purported stipulation in the trial court in this cause, on October 11, 1974, following the introduction of the transcript of the prior trial, we find the following reply in behalf of the State of Alabama [R.21]:

“MR. GREENE: Now, I, the State of Alabama, in answer to this proceeding *784and this proposal on his plea of not guilty and the consideration by The Court of the transcript of the prior trial in this case stands mute, in accordance with…