Tomlinson v. State

Plaintiff in error was convicted of the offense of breaking and entering a dwelling house of another in the night time with intent to commit a misdemeanor. To the judgment of conviction he prosecutes writ of error. He assigns one error, that the- court erred in overruling defendant’s motion for new trial. The motion for new trial contained three grounds, as follows:

“1. The verdict is contrary to the evidence.”

“2. The verdict is contrary to the law.”

“3. The Court erred in denying motion of defendant

to strike from the consideration, of the jury such evidence as was obtained by the State within…