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THOMAS v. STATE

6 Div. 149.

100 So.2d 329 (1958)

Charlie THOMAS v. STATE of Alabama.

Supreme Court of Alabama.

January 23, 1958.

Attorney(s) appearing for the Case

Ben F. Ray, Birmingham, for appellant.

John Patterson, Atty. Gen., and Jas. W. Webb, Asst. Atty. Gen., for the State.

LAWSON, Justice.

The indictment against the appellant charged that "before the finding of this indictment, and subsequent to June 6, 1935, Charlie Thomas, alias `Fox' Thomas, in the nighttime, with intent to rape, did break into and enter the inhabited dwelling house of Leola Benford, which was occupied by Leola Benford, a person lodged therein, against the peace and dignity of the State of Alabama."

The indictment charges burglary in the first degree. §...

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