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DAVIS v. STATE

7 Div. 286.

305 So.2d 390 (1974)

Hulbert Lawrence DAVIS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 17, 1974.

Attorney(s) appearing for the Case

Oliver P. Head, Columbiana, for appellant.

William J. Baxley, Atty. Gen., Montgomery, and Samuel L. Adams, Sp. Asst. Atty. Gen., Dothan, for appellee, the State.

TYSON, Judge.

The Grand Jury of Shelby County charged Hulbert Lawrence Davis with the second degree burglary of the home of Daniel Kessler. The Jury found the appellant guilty of burglary in the second degree, and the trial court set sentence at nine years imprisonment in the penitentiary.

The home of Daniel Kessler was burglarized in the daytime on September 12, 1973. Mr. and Mrs. Kessler left their home at about 8:30 a. m. She returned at approximately 4...

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