Mason v. State, 1 Div. 647
Decision Date | 10 May 1988 |
Docket Number | 1 Div. 647 |
Parties | Victor MASON v. STATE. |
Court | Alabama Court of Criminal Appeals |
L.P. Sutley of Murchison & Sutley, Foley, for appellant.
Don Siegelman, Atty. Gen., and Stacey S. Houston, Asst. Atty. Gen., for appellee.
Victor Mason was charged by indictment with unlawfully possessing a controlled substance, to-wit, LSD, in violation of the provisions of § 20-2-70, Code of Alabama 1975 as amended. Appellant entered a not guilty plea and at trial was found "guilty as charged in the indictment" by the jury. A sentencing hearing was held and, at this time, the trial court sentenced the appellant to 15 years' imprisonment in the state penitentiary as punishment.
The investigating officers in this cause were responding to a telephone call of a reported domestic dispute at the home of this appellant when they found the drug which constitutes the subject of this case. Because we find that reversible error occurred during the voir dire of the jury, we express no opinion on the facts of the case.
Moreover, a proper motion under Rule 10(f), A.R.A.P., was filed in the trial court and the trial judge ordered the aforementioned motion included in the record on appeal and, also, the affidavit of defense counsel which is hereinafter quoted:
In light of the above, it is clear that the party selected by the jury to act as foreman, Lindon J. Lindsey, indicated that he would give more weight to the police officer's testimony or to an expert witness. This was also true of at least two other members of the venire.
Presiding Judge Bowen, in a cause entitled Uptain and Johnson v. State, 534 So.2d 686 (Ala.Cr.App.1988), this date decided, stated the following:
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