Lee v. State

CATES, Judge.

This appeal was submitted here August 18, 1966.

Lee was indicted (jointly with James. Lee) for first degree burglary for the breaking and entering, with intent to steal, of a dwelling house at night owned and occupied by Mrs. Carrie Hartley, lodged therein. Code 1940, T. 14, § 85; see form 29, T. 15, § 259. See Walker v. State,, 63 Ala. 49, as to variance from Common Law in a statute preceding the 1935 Act which divided burglary into two distinct degrees.

Tried on a severance, the jury found Lee guilty and set his punishment at the statutory minimum, ten years in the penitentiary.…