Davis v. State

ON REHEARING

The appellant was indicted on a charge of breaking into and entering an automobile, the property of Suzanne Mary Michaleck, with the intent to steal. A jury returned a verdict finding him guilty of burglary upon which the trial court entered judgment and sentenced the appellant to two years in the penitentiary. The appellant is represented by retained counsel both at trial and on appeal.

Suzanne Mary Michaleck lived in an apartment building which is part of the University of Alabama student housing complex in Birmingham, Alabama. At approximately 9:00 o'clock on the evening of…