Rutherford v. State

PRICE, Presiding Judge.

Grady Rutherford, a policeman of the town of Gurley was indicted for an assault and battery upon Lloyd Stanley Keller. He was tried, convicted and sentenced to six months at hard labor.

The evidence for the state tends to show that in the early morning hours of September 14, 1969, Billy Van Hastings, Lloyd Stanley Keller and Jerry Wayne Holt were en route to Scottsboro from Huntsville. Hastings was driving Keller’s automobile. Keller and Holt were asleep in the car. Just after passing through Gurley Blastings was stopped by a police car. Hastings got out of the car and…