Hammonds v. State

CATES, Judge.

Hammonds was indicted, tried to a jury and convicted of first degre.e' burglary.. Code 1940, T. 14, § 85, makes breaking and entering at night with larcenous or felonir ous intent into “any inhabited dwelling house * * * occupied by any person lodged therein” punishable at the jury’s choice by (a) death, or (b) imprisonment in the penitentiary for not less than ten years.

Here the jury assessed twelve years confinement. Upon this verdict of guilt and punishment, the trial judge, after adjudication and allocutus, pronounced sentence accordingly. This on March 8, 1967.

The same day…