BAGWELL v. STATE

6 Div. 650.

288 So.2d 450 (1973)

Dwight BAGWELL v. STATE.

Court of Criminal Appeals of Alabama.

December 11, 1973.


Attorney(s) appearing for the Case

B. J. McPherson, Oneonta, for appellant.

William J. Baxley, Atty. Gen., for the State.


SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted and convicted of burglary in the second degree, which is defined and prohibited under Title 14, § 86, Recompiled Code 1958. The trial court fixed the punishment at three years imprisonment. The pertinent part of the indictment reads as follows:

"* * * The Grand Jury of said County charge that before the finding of this Indictment Dwight Bagwell did with intent to steal, broke [sic...

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