SNIPES v. STATE

4 Div. 844.

404 So.2d 106 (1981)

Donald SNIPES v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 21, 1981.


Attorney(s) appearing for the Case

Robert P. Lane of Phillips & Funderburk, Phenix City, for appellant.

Charles A. Graddick, Atty. Gen. and J. Thomas Leverette, Asst. Atty. Gen., for appellee.


TYSON, Judge.

The indictment charged Donald Snipes with the burglary of the dwelling house of James Lowery, Jr., while armed with a deadly weapon, a knife, and then fleeing therefrom following entry, contrary to § 13A-7-6 of the Code of Alabama 1975. The jury found the appellant "guilty of the lesser included offense of burglary in the third degree" and after conducting a separate sentencing hearing and obtaining evidence of certain prior burglaries, the appellant...

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