Weddington v. State

Carley, Chief Judge.

Appellant was tried before a jury and found guilty of three counts of armed robbery and two counts of criminal attempt to commit robbery. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s verdicts of guilt.

1. Appellant enumerates as error the trial court’s denial of a motion for a mistrial based upon the presence in the jury room of an alternate juror during deliberations.

As soon as it was brought to the attention of the trial court that, through an oversight, the alternate juror had been present during the first twenty-five…