Burglary; sentence: thirty years. Rape; sentence: fifteen years and one day.
This Court, on this date, rendered an opinion authored by Cates, P.J., which governs the instant appeal: Williams v.State, (1976), Ala.Cr.App.,
The 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."
As to the illegality of selecting jurors only from lists of registered voters see Gregg v. Maples,
REVERSED AND REMANDED.
All the Judges concur except DeCARLO, J., dissents.
Certiorari denied, Ala.,