Stehl v. State

Appellant, an indigent, represented in the trial court, and here, conscientiously and diligently, by appointed counsel, was indicted by the grand jury of Madison County and there convicted in the circuit court of burglary in the first degree. The conviction was for burglary in the nighttime of an occupied dwelling house.

The indictment is deficient, in that it fails to allege the name of the owner or the person in possession of the alleged burglarized property, or to negate the ownership and possession of defendant. Wilson v. State, 32 Ala.App. 127, 22 So.2d 600, cert. den. 247 Ala. 84, 22…