Lister v. State

Petitioner W.A. Lister, Jr., was convicted of theft of property in the first degree. This conviction was affirmed by the Court of Criminal Appeals. Lister v. State, 418 So.2d 917 (Ala.Crim.App. 1981).

At the time Lister’s case came on for trial, there were 38 regular jurors empaneled for the week who were competent and not otherwise involved in a trial. Lister contends that it was reversible error for the trial court to require him to strike from fewer than the full list of available jurors.

The Court of Criminal Appeals, in affirming Lister’s conviction, upheld the trial court’s action…