Anderson v. State

BOWEN, Judge.

The defendant was indicted and convicted for second degree burglary. Sentence was five years’ imprisonment. The defendant is represented by retained counsel both at trial and on appeal.

I

The defendant argues that his motion to dismiss the indictment should have been granted because the indictment is unclear as to whether it includes one or two counts.

Omitting its formal parts, the indictment charges that the defendant:

“Did, with intent to steal, break into and enter an uninhabited dwelling house, to-wit, a large wooden frame house, located in the New Hope, Alabama, community, in…