State v. Winchester

The opinion of the court was delivered by

Price, J.:

The appellant was convicted of burglary in the first degree and larceny. His motion for a new trial was overruled and he was sentenced to confinement in the state penitentiary for the remainder of his natural life under the provisions of the habitual criminal act. On appeal one of his specifications of error is that the court erred in overruling his motion for a new trial — the grounds of the latter being:

1. The court admitted illegal testimony.

2. The court misdirected the jury in material matters of law.

3. The verdict is contrary to law.

4.…