Jordan v. State

GOODWYN, Justice.

Appellant, John Will Jordan, Jr., was indicted by the Grand Jury of Tuscaloosa County for breaking and entering into an inhabited dwelling in the nighttime, with intent to steal or commit rape (burglary in the first degree, Code 1940, Tit. 14, § 85, fixing punishment at death or imprisonment for not less than 10 years; Code 1940, Tit. 15, § 259, Form 29). The indictment was returned and filed in court on August 31, 1956. It consisted of two counts, Count I charging that Jordan “did in the nighttime, with intent to commit rape, break into and enter an inhabited dwelling house,…