State v. . Smith

Tbe defendant is appellant from judgment of death predicated upon conviction of burglary in the first degree.

The State offered evidence tending to show that about 3 :30 o’clock a.m., on 1 June, 1936, in the nighttime, the house which was occupied by Mrs. Sarah Lyles and her children was broken and entered by the defendant, and that the defendant came to the bed of Mrs Lyles and caught her about her legs and then about her waist and told her not to get up, that a struggle ensued, and that in the course of the struggle Mrs. Lyles struck the defendant in the head with a hatchet, and that the…