Ex Parte Woodyard

Certiorari was granted to resolve an apparent conflict between the holding of the court below in this instance and the decisions of Rorex v. State, 44 Ala. App. 112, 203 So.2d 294 (1967) and Chesnut v. State, 35 Ala. App. 376, 47 So.2d 248 (1950).

The facts are all stated in the opinion of the Court of Criminal Appeals, 428 So.2d 136. In his petition to us the petitioner makes two contentions: (1) that it was error to arraign him after the evidence had been presented and (2) that the jury separated in violation of Code of Ala. 1975, §12-16-9, thus entitling him to a new trial. We find no such…