Foster v. State

CARR, Judge.

The defendant below was tried and convicted on the following indictment: “The Grand Jury of said County charge that before the finding of this Indictment Ed. Foster, alias Eddie Foster, did in the daytime with intent to steal attempt-to break into and enter an inhabited dwelling house of M. C. Hartley, which was occupied by Mrs. Saunie Hartley, Betty Jean Hartley, Charles Hartley, annd Robert Wayne Hartley, persons lodged therein against the peace and dignity of the State of Alabama.”

By demurrer 'to the indictment one ground is based as follows: “4. For that the same fails to…