Day v. State

Warner, Chief Justice.

The defendants, Whit Day and Jesse Slayton, were jointly indicted for the offense of burglary in the nighttime. They severed on their trial and both were found guilty. A motion was made for a new trial in both cases on the grounds therein stated, which was overruled, and the defendants excepted Both cases were argued together here.

1. The evidence mainly relied on for the conviction of the defendants was certain tracks, which were similar to those made by the defendants, found near where the burglary was alleged to have been committed. The defendant, Day, made his…