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Snith v. State8/25/2000
r on cross-examination, and the Court asked the following questions during that cross-examination:
"The Court: Let me ask you this. That was not the same vehicle that y'all went down there in before, was it?
"The witness: It was James's car.
"The Court: Y'all went down there in a van, a maroon van before?
"The witness: First time.
"The Court: And then this different car was totally different from the one you were down there in before as the one that you're in now?
"The witness: Yes.
"The Court: And you drive up down there, but you're the same person who was down there before, right?
"The witness: Yes.
"The Court: And the other two who were with you were the same people that were there before?
"The witness: Yes.
"The Court: But you're in a very different vehicle?
"The witness: Yes.
"The Court: And it's dark?
"The witness: Yes.
"The Court: Go ahead."
There were no objections made when the two above instances occurred; thus, our review of this argument is under the plain- error rule. Rule 45A, Ala.R.App.P. However, the court also questioned this juror on one other occasion, at which time defense counsel moved for a mistrial. At that time, the following occurred:
"Q [Defense counsel]: Now, it's true that you all thought that Kim was dead?
"A: Yes.
"Q: And you were going back to dispose of the body, weren't you?
"A: Yes.
"The Court: Did you ask anybody what you had that gasoline for?
"The witness: No.
"The Court: You knew what you had the gasoline for, didn't you?
"The witness: Yeah, I sort of figured it.
"The Court: You sort of figured?
"The witness: Yeah.
"The Court: So y'all were hauling gasoline around in a little plastic bottle, right?
"The witness: In a jug.
"The Court: And you were going -- you knew you were going back down there where you had just seen somebody get shot twice?
"The witness: Yes.
"The Court: And you knew where you were going?
"The witness: Yes.
"The Court: When was the first time you saw the gun?
"The witness: Well, it was a couple of weeks before that happened.
"The Court: Oh, you had seen the gun a couple of weeks before that at the house, and then you saw it when he got in the van with it?
"The witness: Yeah.
"The Court: So you knew he had a gun going down there?
"The witness: Yeah.
"The Court: And then you just happened to stop to talk with him in this isolated spot down there; is that right?
"The witness: Yes.
"The Court: Just happened to pick a place that's forsaken by everybody, nobody around, and that's when you decided you better talk to Corey about taking her back home?
"The witness: Yes.
"The Court: And you carried him down there knowing that he had gotten in the car and that he had a gun with him then, you saw that gun?
"The witness: Yes.
"The Court: An you take her to an isolated spot and there is where y'all are going to get out to talk about it?
"The witness: Yes.
"The Court: But instead, he gets out and shoots her?
"The witness: Yes.
"The Court: But you didn't have anything to do with that, did you?
"The witness: No.
"[Defense counsel]: May we ap
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