BURCH v. STATE

3 Div. 70.

375 So.2d 546 (1979)

Richard BURCH v. STATE.

Court of Criminal Appeals of Alabama.

October 2, 1979.


Attorney(s) appearing for the Case

G. Guy Hayes of Hemphill & Hayes, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and C. Lawson Little, Asst. Atty. Gen., for appellee.


LEIGH M. CLARK, Retired Circuit Judge.

This is an appeal from a conviction of burglary in the first degree and a sentence to imprisonment for ten years. The indictment was brought under Ala. Code 1975, § 13-2-40, which provides:

"Any person who, in the nighttime, with intent to steal or commit a felony, breaks into and enters any inhabited dwelling house, or any other house or building, which is occupied by any person lodged therein is guilty of burglary...

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