MILLER v. STATE

3 Div. 490.

423 So.2d 1377 (1982)

Raymond MILLER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 24, 1982.

Certiorari Denied November 19, 1982.

On Return to Remand December 28, 1982.


Attorney(s) appearing for the Case

Richard A. Lawrence, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Jeanne Weston, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 81-1025.

DeCARLO, Judge.

Burglary, third degree; thirteen months.

After waiving a jury trial, the appellant was tried by a judge and found guilty of third degree burglary. Prior to trial an evidentiary hearing was conducted on appellant's motion to suppress. The motion was denied and the testimony taken at the hearing was adopted in the non-jury trial on the stipulation of the parties.

At the suppression hearing, Montgomery...

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