Rutledge v. State

The appellant, Tommy Lee Rutledge, who was 18 years old at the time of the offenses, was indicted on two counts of murder. The murder was made capital because two or more persons were killed pursuant to one course of conduct, see §13A-5-40(a)(10), Code of Alabama 1975, and also because the murders occurred during a robbery in the first degree, see §13A-5-40(a)(2), Code of Alabama 1975. The jury convicted Rutledge of capital murder on the charge brought pursuant to §13A-5-40(a)(10), but convicted him of the lesser included offense of robbery in the first degree on the charge brought pursuant…