State v. Sutton

Defendant below, appellant here, appeals his conviction of the crime of attempted burglary. The indictment charged the defendant and two others attempted to break and enter a store building in the night season with intention to steal something of value (Section 2907.10, Revised Code). Trial was had by jury; all three defendants were convicted.

Appellant cites three assignments of error: (1) the admisision of incompetent evidence; (2) prejudicial comment by the judge during trial in the presence of the jury; and (3) improper comment of the prosecution relative to the failure of the appellant to…