RUSSELL v. STATE

7 Div. 115.

52 So.2d 230 (1951)

RUSSELL v. STATE.

Court of Appeals of Alabama.

Rehearing Denied February 20, 1951.


Attorney(s) appearing for the Case

Merrill, Merrill & Vardaman, of Anniston, for appellant.

A. A. Carmichael, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for the State.


CARR, Presiding Judge.

Alfred Russell was indicted for the offense of burglary with intent to rape under count 1 of the indictment and with burglary with intent to steal or rape under counts 2 and 3. Title 14, Sec. 85, Code 1940.

The indictment follows substantially the code form and was not subject to the demurrers interposed. Title 15, Sec. 259, Subd. 29; Jinright v. State, 220 Ala. 268, 125 So. 606; Title 15, Sec. 232, Code 1940.

"When offenses...

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