EARLEY v. STATE

6 Div. 264.

358 So.2d 494 (1978)

Ray EARLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 4, 1978.


Attorney(s) appearing for the Case

Douglas M. Parsons, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and James L. O'Kelley, Asst. Atty. Gen., for the State.


TYSON, Judge.

The indictment charged Ray Earley with the first degree burglary of the dwelling house of Mary Alice Duchock. The appellant waived youthful offender application and, at arraignment, with counsel present, entered a not guilty plea. The jury found the appellant guilty of "burglary in the first degree, as charged" and fixed punishment at ten years imprisonment. The trial court set sentence accordingly. The appellant's motion for new trial, challenging the...

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