Carter v. State

CARR, Judge.

The accused is charged under two counts of the indictment. The first of these charges burglary and the second grand larceny.

In the circuit court there was a general verdict of guilt.

The general affirmative charge was not requested as tó either count of the indictment.

In this state of the record the verdict will be referred to a good count in the indictment which is sustained by the proof. Wiggins v. State, 244 Ala. 246, 12 So.2d 758; Hannon v. State, 34 Ala.App. 173, 38 So.2d 26.

Without dispute in the evidence the James Mitchell Lindsey Post No. 164 of the American Legion, located…