Mote v. State

BRICKEN, Presiding Judge.

• The Act of Alabama approved June 6, 1935, General Acts of Alabama, Regular Session 1935, page 159, among other things,' provides :

“Section 1. Any person who, in the night time, with intent to steal or to commit a felony, breaks into and enters any inhabited dwelling house, or any other house or building which is occupied by any person lodged therein, is guilty of burglary in the first degree, and must on conviction be punished . at the discretion of the jury, by death or by imprisonment in the penitentiary for not less than ten years.”

This appellant, defendant…