Caldwell v. State

NIX, Presiding Judge.

Plaintiff in error, hereinafter, referred to as the defendant, was charged by information with the crime of Burglary Second Degree. He was tried before a jury who fixed the punishment at two (2) years in the State Penitentiary.

Defendant appeals to the Court relying upon four assignments of error for reversal. First, the defendant contends that the court erred in failing to sustain a demurrer to the evidence. Second, that the court erred by giving Instruction No. 5. Third, that the court erred in failing to give defendant requested instruction. Fourth, the trial court…