Court of Criminal Appeals of Alabama February 20, 1979, 8 Div. 160 (Peavy v. State)

BOWEN W. SIMMONS, Retired Circuit Judge.

The indictment as originally returned contained three counts; (1) Burglary in the second degree; (2) Grand Larceny; and (3) Possessing and Receiving Stolen Property. The third count was stricken by the State. The trial jury returned a verdict of guilt on Count 2. The trial judge imposed a penitentiary sentence of six years.