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PALMER v. STATE

5 Div. 47.

252 So.2d 657 (1971)

Bobby James PALMER, alias v. STATE.

Court of Criminal Appeals of Alabama.

September 14, 1971.

Attorney(s) appearing for the Case

Walker, Hill, Gullage & Adams, Opelika, for appellant.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.

CATES, Judge.

First degree burglary: sentence, ten years in the penitentiary.

I

The indictment alleged that Palmer in the nighttime broke and entered his ex-mother-in-law's occupied dwelling house with intent to assault his ex-wife with intent to murder her. Code 1940, T. 14, § 85.

He was undisputedly unarmed. He addressed the elder woman, "Miss Annie Mae, if you don't open this door I'm coming...

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