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HAMILTON v. STATE

6 Div. 164.

116 So.2d 906 (1959)

Charles Clarence HAMILTON v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied January 21, 1960.

Attorney(s) appearing for the Case

Orzell Billingsley, Jr., Arthur D. Shores, Peter A. Hall and Oscar W. Adams, Jr., Birmingham, for appellant.

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

LIVINGSTON, Chief Justice.

The appellant, Charles Clarence Hamilton, was indicted by the Grand Jury of the Tenth Judicial Circuit of Alabama for burglary in the first degree under the provisions of Sec. 85 of Title 14, Code of Alabama 1940, which reads as follows:

"§ 85. Burglary in the first degree.—Any person who, in the nighttime, with intent to steal or to commit a felony, breaks into and enters any inhabited dwelling house, or any other house...

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