PRICE, Presiding Judge.
Appellant was convicted of the offense of burglary in the first degree. Punishment was fixed at imprisonment in the penitentiary for the term of ten years.
The indictment charged that "Ben Esmond Davis, whose name is unknown to the Grand Jury other than as stated, did in the nighttime, with the intent to steal, break into and enter an inhabited dwelling, to-wit: A dwelling house located at 2419 Penn Street, Huntsville, Alabama, owned...
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