Popwell v. State

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 at trial. The case was reset for trial, and on March 30, 1984, a Jefferson County jury found appellant guilty as charged. The trial court subsequently sentenced appellant to 10 years in the…