State v. Stewart

LAND, Justice.

The defendant, Alex. Stewart, was jointly indicted with two other defendants for the burglary of an outhouse or “smokehouse,” in the nighttime. All of the defendants were jointly tried by jury, and convicted, and each was sentenced to serve a term of not less than one year nor more than three years in the State Penitentiary.

The defendant, Alex. Stewart, has appealed, and relies for the reversal of the judgment of the lower court upon a single bill of exceptions, reserved to the overruling by the trial judge of a motion for a new trial.

This motion in based upon the ground that…