DUNAWAY v. STATE

7 Div. 184.

278 So.2d 198 (1973)

James E. DUNAWAY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 27, 1973.


Attorney(s) appearing for the Case

Jesse W. Shotts, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and George W. Royer, Jr., Asst. Atty. Gen., for the State.


TYSON, Judge.

The indictment charged burglary in the second degree. Appellant was convicted as charged and sentenced to five years imprisonment.

The alleged burglary occurred at approximately 4:00 A.M. on the morning of September 6, 1970, at Harmon's Sure Save Grocery Store in Eden, Alabama. T. L. Harmon, Jr., the proprietor of said store, testified that he was sleeping in his store on the night of September 5, 1970, in effect guarding the store as it had...

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