Rutherford v. State

The appellant, Calvy Rutherford, was indicted for the capital offense of murder committed during the course of a burglary in the first degree, in violation of § 13A-5-40(a)(4), Code of Alabama 1975. He was convicted by a jury of the lesser-included offense of manslaughter, a violation of § 13A-6-3, and was sentenced to 20 years' imprisonment. He raises five issues on appeal; however, because we reverse, we address only those issues that may arise upon retrial.

I

The appellant argues that the trial court erred by denying his motion to dismiss the indictment because the process of selecting of…