EX PARTE WILCOX

79-945.

401 So.2d 794 (1981)

Ex parte Eddie Dean WILCOX. (Re Eddie Dean Wilcox, alias v. State of Alabama.)

Supreme Court of Alabama.

July 10, 1981.


Attorney(s) appearing for the Case

John Mark McDaniel, Huntsville, for petitioner.

Charles A. Graddick, Atty. Gen., and J. Michael Horsley, Asst. Atty. Gen., for respondent.


ADAMS, Justice.

We granted certiorari in this case to review the issue of whether the state, at the close of its case, can be compelled to elect the count in an indictment upon which it seeks a conviction.

The defendant was tried before a jury in the Circuit Court of Madison County on a three-count indictment charging second degree burglary, grand larceny, and, buying, receiving or concealing stolen property. The defendant moved to require the state, at the...

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