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342 So. 2d 1330

Beckley v. State

Court of Criminal Appeals of Alabama

Decided August 31, 1976

Court of Criminal Appeals of Alabama · decided 1976-08-31

Cited by 3 later decisions — most recently November 1983

3 state decisions

Relies on Taylor v. Louisiana · Daniel v. Louisiana · State Ex. Rel. Gregg v. Maples

Good law ✅— No negative treatment on recordhow we know

Decided 1976-08-31

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BOOKOUT, Judge.

¶1Burglary; sentence: thirty years. Rape; sentence: fifteen years and one day.

¶2This Court, on this date, rendered an opinion authored by Cates, P. J., which governs the instant appeal: Williams v. State, (1976), Ala.Cr.App., 342 So.2d 1325.

¶3The testimony in both cases concerning the selection of jurors is identical. In both instances, there is a random selection from the voters’ list in Tuscaloosa County, excluding persons over the age of sixty-five years. As Judge Cates pointed out in that opinion:

“Alabama law, Code 1940, T. 30, § 21, as amended, does not exclude persons over 65 from being put on the jury roll. Rather it leaves serving after summons to the individual.
“The defendant was entitled to a cross section of the community without purposeful exclusion, Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690. Since trial was after January 21, 1975, Taylor controls. See Daniel v. Louisiana, 420 U.S. 31, 95 S.Ct. 704, 42 L.Ed.2d 790.”

¶4As to the illegality of selecting jurors only from lists of registered voters see Gregg v. Maples, 286 Ala. 274, 239 So.2d 198 (1970).

¶5REVERSED AND REMANDED.

All the Judges concur except DeCARLO, J., dissents.

¶6Certiorari denied, Ala., 342 So.2d 1331.

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