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ROWELL v. STATE

1 Div. 529.

447 So.2d 193 (1983)

Donnie ROWELL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 2, 1983.

Attorney(s) appearing for the Case

Alvin T. Prestwood and Claude P. Rosser, Jr., of Prestwood & Rosser, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Richard L. Owens, Asst. Atty. Gen., for State.

BOWEN, Presiding Judge.

The defendant was indicted and convicted for burglary in the third degree in violation of Alabama Code Section 13A-7-7 (1975). Sentence was six years' imprisonment. Two issues are presented on appeal.

I

The defendant's prior conviction for criminal mischief in the second degree did not bar his prosecution for burglary in the second degree under the principles of former jeopardy. In a prosecution for criminal mischief in the...

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