WHEAT v. STATE

3 Div. 63.

372 So.2d 400 (1979)

James Bruce WHEAT v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 26, 1979.


Attorney(s) appearing for the Case

Joseph G. L. Marston, III and Joseph M. Sarto, Prattville, for appellant.

Charles A. Graddick, Atty. Gen. and Jimmy L. DeBardelaben, Asst. Atty. Gen., for the State, appellee.


TYSON, Judge.

James Bruce Wheat was charged with the second degree burglary and grand larceny of certain properties belonging to Berea Church in Montgomery, Alabama, in a two-count indictment. The jury found the appellant "guilty of grand larceny," and the trial judge set sentence at seven years imprisonment.

The appellant made a pretrial motion to suppress, moved to exclude the State's evidence, and requested, in writing, the affirmative charge. From adverse...

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