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SULLIVAN v. STATE

7 Div. 477.

340 So.2d 878 (1976)

Robert Daniel SULLIVAN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 16, 1976.

Attorney(s) appearing for the Case

Cary F. Smith, Anniston, for appellant.

William J. Baxley, Atty. Gen., and Jack M. Curtis, Asst. Atty. Gen., for the State, appellee.

J. EDWARD TEASE, Circuit Judge.

Defendant was convicted by a Calhoun County jury for the offense of burglary in the second degree and sentenced by the Court to five (5) years in the penitentiary.

I

The evidence tends to show that on November 23, 1975, Defendant was discovered by Mr. Hugh Borden in a building used by Mr. Borden as an apartment and a bait shop. When Mr. Borden returned from a short trip, he entered through the rear entrance of the...

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