JONES v. STATE

CATES, Presiding Judge.

This conviction was based on a plea of guilt to grant larceny and receiving. The appellant pleaded not guilty to a charge of burglary of a railroad car from which the goods were stolen.

This case in controlling points is identical with that of Jones v. State, 56 Ala. App. 419, 329 So.2d 108. On authority thereof a judgment of discharge on Count I (box car burglary) is here rendered. The judgment of conviction as to Counts II and III is affirmed.

AFFIRMED IN PART; REVERSED AND RENDERED IN PART.

All the Judges concur.