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JOHNSON v. STATE

1 Div. 486, 487.

213 So.2d 195 (1968)

Clarence JOHNSON v. STATE of Alabama.

Supreme Court of Alabama.

July 18, 1968.

Attorney(s) appearing for the Case

Collins, Galloway & Murphy, Mobile, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.

LAWSON, Justice.

On June 26, 1967, the grand jury of Mobile County returned two indictments against the appellant, Clarence Johnson, both charging a violation of the provisions of § 85 of Title 14, Code of Alabama 1940,) which reads:

"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 or building, which is occupied by any person lodged therein is guilty...

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