State v. Smith

Opinion by

Simpson, C.:

At the regular January term, 1890, of the district court of Rice county, the appellants, James Smith, John Smith, and Martin Smith, were placed *76upon their trial, charged with burglary and larceny. They waived arraignment, entered a plea of not guilty, a jury was sworn, and the state and the defendants both submitted their evidence. All this took place on the 10th day of January. When the court met on the morning of the 11th of January, counsel for appellants asked permission to introduce further evidence in their behalf. The jurors were called, and all were present and…