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HOLMES v. STATE

6 Div. 871.

497 So.2d 1149 (1986)

Clarence HOLMES v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 9, 1986.

Certiorari Denied November 21, 1986.

Attorney(s) appearing for the Case

Jerry N. Quick and Richard L. Wyatt, Trussville, for appellant.

Charles A. Graddick, Atty. Gen., and Beatrice E. Oliver, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 85-1561.

TYSON, Judge.

Clarence Holmes was indicted for burglary in the second degree for violation of § 13A-7-6, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment" and he was sentenced to life imprisonment in the penitentiary as a habitual felony offender.

Jesse Gandy testified that he and his wife were asleep at their home in Birmingham, Alabama during the early morning hours of September...

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