Johnson v. State

William Charles Johnson was convicted of burglary in the first degree in violation of Ala. Code 1975, § 13A-7-5, and sentenced to ten years' imprisonment. He was also convicted of burglary in the third degree, in violation of § 13A-7-7, and given a concurrent five-year sentence. He raises three issues on this appeal from those convictions.

I

The defendant was separately indicted for each burglary. One indictment charged that he burglarized the "lawfully occupied dwelling house of Verlena Polk, with the intent to commit a theft . . . in violation of Section 13A-7-6." This indictment charged…