May v. State

Mabry, J.:

The plaintiffs in error and one James Hollins were indicted under the statute for breaking and entering a dwelling house with intent to commit a felony. Plaintiffs in error sued out a writ of error from the judgment entered against them, and have assigned three grounds of error in this court, but all are abandoned except the third, which is that the court erred in overruling the motion of defendants for a new trial. The only point insisted on under this assignment is that the testimony does not show a “breaking” into the house by the defendants. The contention is that it is made to…