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YELTON v. STATE

3 Div. 306.

321 So.2d 234 (1975)

Thomas William YELTON, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 17, 1975.

Attorney(s) appearing for the Case

Benjamin E. Pool, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.

CATES, Presiding Judge.

Burglary, first degree: sentence, ten years imprisonment.

The indictment in pertinent part charged that Yelton "did, in the nighttime, with intent to murder, break into and enter the inhabited dwelling house owned by Phillip Henderson, located at 130 Hillcrest Drive, Greenville, Butler County, Alabama, which was occupied by Phillip Henderson, a person lodged therein against the peace and dignity of the State of Alabama."

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