State v. Evans

The opinion of the court was delivered by

Watkins, J.

The defendant, having been indicted for the crime of burglary of a dwelling house in the night-time and convicted of breaking, and sentenced to three years’ imprisonment in the State penitentiary at hard labor, prosecutes this appeal, relying on several bills of exceptions relating to the proceedings incident to the trial, a motion for a new trial and one in arrest of judgment.

The principal question, and one which is covered by two bills of exception — one of which relates to an alleged improper instruction to the jury, and the other to the…