Russell v. State

CARR, Presiding Judge.

Alfred Russell was indicted for the offense of burglary with intent to rape under count 1 of the indictment and with burglary with intent to steal or rape under counts 2 and 3. Title 14, Sec. 85, Code 1940.

The indictment follows substantially the code form and was not subject to the demurrers' interposed. Title 15, Sec. 259, Subd. 29; Jinright v. State, 220 Ala. 268, 125 So. 606; Title 15, Sec. 232, Code 1940.

“When offenses are of the same character, and subject to the same punishment, the defendant may be charged with the commission of either in the same count in the…