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McCLELLAN v. STATE

6 Div. 489.

484 So.2d 1150 (1985)

Charles James McCLELLAN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 28, 1986.

Certiorari Denied March 28, 1986.

Attorney(s) appearing for the Case

Kenneth J. Gomany of Gomany & Cahill, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Gerrilyn V. Grant, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 85-549.

LEIGH M. CLARK, Retired Circuit Judge.

Charles James McClellan was prosecuted on a two-count indictment. The first count charged him with the possession of burglar's tools, in violation of Alabama Criminal Code, § 13A-7-8, which provides as follows:

"(a) A person commits the crime of possession of burglar's tools if he: "(1) possesses any explosives, tools, instrument or other article adapted, designed...

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