STEWART v. STATE

3 Div. 657.

347 So.2d 562 (1977)

Donald Ray STEWART v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 28, 1977.


Attorney(s) appearing for the Case

R. Howell Dean, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and Eugenia D. B. Hofammann, Asst. Atty. Gen., for the State.


BOWEN W. SIMMONS, Retired Circuit Judge.

Indictment for burglary of an inhabited dwelling house. Judgment of guilt with punishment fixed at ten years imprisonment. Appellant was an indigent at nisi prius and here with different appointed counsel.

The burglary occurred about 3:00 A.M. on October 20, 1975, at which time the sole occupant of the house, Wilma Matthews, was attracted by a noise at the back door, to which she went for an investigation. Someone wanted...

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