Ex Parte Gilchrist

This Court granted certiorari based upon the petitioner's claim that the Court of Criminal Appeals, 466 So.2d 988, erred in failing to address the issue of the propriety of the district attorney's action in testifying as a witness and later acting as a prosecutor in the same case.

Petitioner has employed Rule 39 (k), A.R.A.P., to provide facts not included in the opinion below. Those facts sufficiently establish that the district attorney of Mobile County did testify as a prosecution witness and thereafter also acted as a prosecutor of the State's case, examining witnesses and delivering a…