In re Tutt

The opinion of the court was delivered by

AlleN, J. :

The petitioner is confined in the state penitentiary under a sentence of the district court of. Douglas county. He was charged with burglary in a freight-car, and with having stolen therein a crate of tobacco-cutters. After the trial of the case, the jury rendered a verdict as follows :

“We, the jury, in the above-entitled action, find the defendant, Robert Tutt, guilty of burglary in the second degree as charged in the information, and lar-' ceny as charged in the information ; and we find the value of the property stolen to be $6.”

On this…