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RUTHERFORD v. STATE

No. CR-91-530.

612 So.2d 1277 (1992)

Calvy RUTHERFORD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 25, 1992.

Certiorari Denied March 5, 1993.

Attorney(s) appearing for the Case

Julius Hunter, Jr., Phenix City, for appellant.

James H. Evans, Atty. Gen., and Thomas Leverette, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 1920432.

PATTERSON, Presiding Judge.

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...

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