State v. Wheeler

Philips, C.

The defendant was indicted for burglary and larceny committed by entering a store-house through a window and taking a pair of boots. The court submitted the case to the jury solely on the offense of the alleged burglary, and not for the larceny. The jury returned a verdict of guilty of the burglary and assessed the punishment at three years’ imprisonment in the penitentiary. The defendant has brought the case here on appeal.

Among the errors assigned by the appellant the one most complained of is the following instruction given by the court: “If the jury believe that soon after the…