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POPWELL v. STATE

6 Div. 558.

480 So.2d 41 (1985)

George O. POPWELL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 8, 1985.

Certiorari Denied December 20, 1985.

Attorney(s) appearing for the Case

William H. Mills of Redden, Mills & Clark, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Phillip Luke Hughes, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 85-76.

PATTERSON, Judge.

Appellant, George O. Popwell, was indicted on October 8, 1982, by the Jefferson County Grand Jury for attempted burglary in the second degree, in violation of §§ 13A-4-2 and 13A-7-6, Code of Alabama 1975. The case went to trial on February 6, 1984; however, a mistrial was declared on February 7, 1984, because of a variance in the date of the offense as reported in pretrial conference and the date disclosed...

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