SPEARS v. STATE

7 Div. 356.

316 So.2d 704 (1975)

Donald Wayne SPEARS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 1, 1975.

Certiorari Denied October 30, 1975.


Attorney(s) appearing for the Case

Richard B. Emerson, Anniston, for appellant.

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


CLARK, Supernumerary Circuit Judge.

This is an appeal from a conviction of burglary in the second degree and a sentence of imprisonment in the penitentiary for two years.

The indictment follows substantially the pertinent language of Code of Alabama 1940, Title 14, Section 86, and Form 32 of Title 15, Section 259, in alleging that defendant "did, with intent to steal, break into and enter a shop, store, warehouse, or other building of. . . in which goods,...

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