HENRY v. STATE

5 Div. 865.

468 So.2d 896 (1984)

Joseph Clyde HENRY v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand December 11, 1984.

Rehearing Denied January 22, 1985.


Attorney(s) appearing for the Case

J. Michael Williams, Sr., Auburn, for appellant.

Charles A. Graddick, Atty. Gen., and Helen P. Nelson, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

Joseph Clyde Henry was convicted of burglary in the first degree, sentenced to fifteen years' imprisonment, and ordered to make restitution in the amount of $2,356.00. He presents three issues on appeal.

I

The defendant's major contention is that the statement he gave to the Auburn police should not have been admitted into evidence because he did not possess the mental ability to make a knowing and intelligent waiver of his...

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