CATES, Judge.
This appeal was submitted here August 18, 1966.
Lee was indicted (jointly with James Lee) for first degree burglary for the breaking and entering, with intent to steal, of a dwelling house at night owned and occupied by Mrs. Carrie Hartley, lodged therein. Code 1940, T. 14, § 85; see form 29, T. 15, § 259. See Walker v. State, 63 Ala. 49, as to variance from Common Law in a statute preceding the 1935 Act which divided burglary into...
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