Mitchell v. State

TYSON, Judge.

Hamlin Bee Mitchell was indicted and convicted for the offense of burglary in connection with the nighttime breaking and entering of an uninhabited dwelling house owned by one Jeff Newton. § 13-2-41, Code of Alabama 1975. He was sentenced by the court to serve eight years in the state penitentiary, and now brings this appeal contending that the trial court committed several reversible errors.

The record of the proceedings below indicates that, before the commencement of appellant’s trial, his counsel filed a demurrer to the indictment, which was overruled, and two motions to…