Underwood v. State

GARDNER, Chief Justice.

The appeal is from a conviction for the offense of burglary in -the first degree, as defined in Title 14, Sec. 85, Code.1940, with the infliction of the death penalty. Bass v State, 241 Ala. 342, 2 So.2d 783; Snead v. State, 242 Ala. 78, 5 So.2d 96.

The indictment contains several counts, some of which allege that the breaking and entry into the dwelling house was with intent to steal. Though there is some evidence indicating an intent to steal, yet it is clear enough the State rested'for a conviction upon the theory.the entry was made with the intent to rape, and the…