Manning v. State

The appellant was indicted by a Mobile County grand jury for burglary in the first degree in violation of § 13A-7-5, Code ofAlabama (1975). The appellant was found guilty in a jury trial of the lesser included offense of burglary in the second degree and was sentenced pursuant to the Habitual Felony Offender Act to life imprisonment.

On the night in question, Lee Christian Moody and his fiancee (now his wife), Sherry Brown Moody, were at the home of Mr. Moody when he noticed a late model Pontiac Firebird automobile, "burnt orange" in color, pull up in front of his house. The driver exited the…