Parton v. State

OPINION

WALKER, Presiding Judge.

From his conviction of burglary of a dwelling house by night and sentence to not less than five nor more than ten years and a day in the penitentiary, the defendant appeals to this court.

On January 17, 1968, the Hamilton County grand jury presented an indictment in two counts charging him with burglary and receiving and concealing stolen property. His plea in abatement was filed by appointed counsel almost a year later, January 14, 1969, and an amendment was filed January 22, 1969. Following the hearing of evidence on the plea, the trial judge overruled it on…