DAVIS v. STATE

8 Div. 115.

220 So.2d 852 (1968)

John Henry DAVIS v. STATE.

Court of Appeals of Alabama.

Rehearing Denied June 28, 1968.

Reversed on Mandate April 1, 1969.


Attorney(s) appearing for the Case

Weeks & Weeks, Scottsboro, for appellant.

MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.


CATES, Judge.

This is an appeal from a conviction of second degree burglary on which the appellant was sentenced to the penitentiary for two years.

On the night of September 20-21, 1966, some one pried open a window in the washrack in Mr. E. C. Dawson's filling station in Scottsboro. Coins for $25.50, bills for $40.00 and two tires were gone.

Eddie Lee Moore saw John Henry Davis after dark September 20. Davis asked Moore (who once worked there) if...

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