Carter v. Commonwealth

The defendant, James Carter, was tried by a jury on a charge of breaking and entering in the nighttime with intent to commit larceny, found guilty and his punishment fixed at three years in the penitentiary. The record before us on this appeal contains none of the evidence but only the indictment and the order recording the verdict and purporting to sentence the defendant. He states in his brief that the evidence as to whether “he feloniously entered the structure, alleged in the indictment with intent to commit larceny” presented a question for the jury to decide. By their verdict they…