Pruett v. State

LEIGH M. CLARK, Retired Circuit Judge.

The caption of the record states the surname of appellant as “Pruett,” but through*203out the record and the transcript, as well as in briefs of counsel, his name is spelled “Pruitt.” As the names are obviously idem sonans, and as no point is made as to the difference in spelling of the name, we will make no further reference to the discrepancy-

The indictment charged defendant with burglary in the first degree, which is declared to be a Class A felony and is thus defined by Alabama Criminal Code, § 13A-7-5:

“(a) A person commits a crime of burglary in the…