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McGINNIS v. STATE

6 Div. 851.

382 So.2d 605 (1980)

Ted Allen McGINNIS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 22, 1980.

Attorney(s) appearing for the Case

J. Massey Relfe, Jr., of Relfe, Ramsey & Evans, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., Paul E. Johnson, Asst. Atty. Gen., for appellee.

BOWEN, Judge.

The defendant was indicted for the capital offense involving a nighttime burglary of an occupied dwelling when any of the occupants is intentionally killed. Alabama Code 1975, § 13-11-2(a)(4). The jury found the defendant "guilty in the nighttime with intent to steal of breaking into and entering the inhabited dwelling occupied by Florence Confer Kahler and in the course of said nighttime burglary of said occupied dwelling, did intentionally kill...

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