Pugh v. State

FOSTER, Justice.

The question in this case is whether or not we can and should reverse a judgment of conviction of burglary in the first degree because, the evidence does not show a breaking in, but only an entry in an inhabited dwelling at night when no such point was made in the trial court.

The issue which was controverted on the trial was the identity of appellant as the guilty party. He produced evidence of an alibi, and another person then in the penitentiary for some other offense testified that he, and not defendant, committed the act. He testified that when he entered the building, the…