Alabama Supreme Court 85-623.
TYSON, Judge.
Earnest Averhart was indicted for the unlawful breaking and entering of a vehicle in violation of § 13A-8-11(b), Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment" and he was sentenced to 15 years' imprisonment in the penitentiary as a habitual offender.
At approximately 5:45 p.m. on May 30, 1983, William James Flenoury parked his yellow 1972 Volkswagen in a parking...
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