Bell v. State

We granted the State's petition for a writ of certiorari to consider whether the defendant's Batson1 objection was timely. The Court of Criminal Appeals, holding that it was, remanded the case for further proceedings. See Bell v. State,535 So.2d 208 (Ala.Crim.App. 1987). The record clearly shows, however, that the defendant's objection to the venire was made after the jury had been empaneled and sworn. The record reveals the following:

"The Court: Ladies and gentlemen, I understand it's late in the day. What I propose to do is we're going to get a jury selected, put a jury in the box, and then…