THE COURT: Is it possible for the record to show that the juror, Herbert *Page 439 Patton, is deceased? Can that be stated?

"MR. BRYAN: Yes, sir.

"MR. SEAY: Yes, Your Honor.

"THE COURT: Let the record show that the parties stipulate in open court that the prospective juror, Herbert Patton, is deceased and that the remaining jurors named in the opinion are present in open court. * * *"

Under the holding of this Court in Liddell v. State, 287 Ala. 299, 251 So.2d 601, wherein, on remandment, it was discovered that one of the jurors who had been excused on challenge by the State at the time of trial on the basis of opposition to the imposition of the death penalty had died in the interim between the time of trial and the hearing on remandment, it is required that this judgment be reversed and the cause remanded for a new trial. In so doing, attention is called to the admonition expressed in Liddell, supra:

"* * * In all capital cases a juror answering that he has a fixed opinion against capital punishment, cannot properly be challenged solely on the basis of such answer. He should be examined fully to determine if his feelings as to capital punishment are sufficiently strong that he would automatically refuse to impose a death sentence regardless of the evidence produced.
"The trial court should further make certain that the court reporter takes full notes from which a transcription can be made of the examination of the jurors relative to qualifying them." Id., at 310, 251 So.2d, at 612.

Reversed and remanded.

HEFLIN, C. J., and LAWSON, SIMPSON, MERRILL, COLEMAN, HARWOOD, BLOODWORTH, MADDOX and McCALL, JJ., concur.

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