Stone v. State

NIX, Presiding Judge:

The Plaintiffs in Error, Theodore Ray Perry and Alfred Eugene Stone, hereinafter referred to as the defendants were charged by information in the District Court of Custer County with the crime of Burglary Second Degree. They were tried by a jury, found guilty, and their punishment assessed at Seven Years each in the penitentiary. From that judgment and sentence they have appealed to this Court.

The facts of the case, briefly, as recited in the brief of the Attorney General, are as follows:

“The State established its case by the testimony of eight witnesses. R. T. Sauer, an…