Nicholson v. State

Nichols, Presiding Judge.

The defendant was tried and convicted of burglary. Thereafter the defendant’s motion for new trial, based on the usual general grounds only, was overruled and it is to this judgment that the defendant now excepts. Evidence was adduced of recent possession of a part of the goods, musical instruments, and such recent possession was admitted by the defendant. An explanation of such possession was offered to the jury. The explanation, presented by the defendant in his statement (and by the defendant’s wife in sworn testimony), was that the musical instruments were…