Shaffer v. State

PRENDERGAST, Judge.

— The appellant was indicted for burglary in two counts. The first, daytime, and the second, night-time. Both charged that it was done with intent to murder Bertha Woodworth, and the house burglarized was the private residence of W. W. Wood-worth. The night-time count, only, was submitted. The jury convicted appellant and fixed his penalty at six years in the penitentiary.

The records in this case are voluminous. The record proper has ninety pages of typewritten matter, the statement of facts one hundred and five, and appellant’s printed brief sixty-one.

In the consideration…