State v. Roberts

This is an appeal by the defendant from a conviction upon a charge of second degree burglary. The record also shows that he has a separate and independent appeal pending in this court from a conviction under the habitual criminal act, and none of the questions raised on that appeal will be considered in this. The error here assigned upon the sentence to life imprisonment must therefore be left to be considered on the other appeal.

Outside of the question of the sentence, the only errors assigned are based upon the refusal of the trial court to instruct the jury to acquit, the submission of the…