Alabama Court of Appeals January 11, 1949, 6 Div. 661. (Northcutt v. State)

CARR, Judge.

This appeal follows a conviction in the-court below on a charge of burglary. The property alleged to have been burglarized was the store building of Alabama ByProducts Corporation.

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Without dispute in the evidence, about 1:30 o’clock A.M., Mr. Leroy Kugler came near -the store and observed a man in the attempt to force open a door thereof. Mr.