¶1dissenting.
¶2I respectfully dissent from the holding of my brothers in this cause as in the instant cause the trial had commenced, and therefore Headrick v. State, 46 Ala.App. 202, 239 So.2d 572, and Albright v. State, 50 Ala.App. 480, 280 So.2d 186, cert. denied 291 Ala. 771, 280 So.2d 191, require that the jury fix the punishment. Hence, this case should be reversed and remanded for another trial in accordance with the holding in the aforesaid cases.