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McCAIN v. STATE

6 Div. 26.

247 So.2d 383 (1971)

Hugh W. McCAIN, alias v. STATE

Court of Criminal Appeals of Alabama.

April 20, 1971.

Attorney(s) appearing for the Case

Tarter & Wininger, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and Joseph Victor Price, Jr., Asst. Atty. Gen., for the State.

PER CURIAM.

This appeal is from a conviction of burglary in the Circuit Court of Jefferson County.

The testimony for the State tends to show that Officer Tommy E. Rouse of the Birmingham Police Department was on duty and cruising in a police car on Clairmont Avenue in Birmingham at about 3:10 A.M. on May 10, 1967, when he noticed a lock missing from the front door of a Hill's Grocery Store, owned and operated by...

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