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Charles Clarence Hamilton v. State Alabama

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eBook details

  • Title: Charles Clarence Hamilton v. State Alabama
  • Author : Supreme Court of Alabama
  • Release Date : January 17, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

LIVINGSTON, Chief Justice. The appellant, Charles Clarence Hamilton, was indicted by the Grand Jury of the Tenth Judicial
Circuit of Alabama for burglary in the first degree under the provisions of Sec. 85 of Title 14, Code of Alabama 1940, which
reads as follows: '§ 85. Burglary in the first degree. -- Any person who, in the nighttime, with intent to steal or to commit a felony,
breaks into and enters any inhabited dwelling house, or any other house or building, which is occupied by any person lodged
therein is guilty of burglary in the first degree, and shall on conviction be punished at the discretion of the jury, by death
or by imprisonment in the penitentiary for not less than ten years.' The indictment contained two counts. Count 1 charged
the defendant with breaking and entering into the inhabited dwelling house of Jacob C. Milko in the nighttime with intent
to steal, etc. Count 2 of the indictment charged the defendant with breaking and entering into the inhabited dwelling house
of Jacob C. Milko in the nighttime with intent to ravish, etc.


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