State v. Randall

Mount, J. —

Appellant was convicted of an attempt to commit the crime of burglary. Upon this appeal no briefs have been filed on behalf of the state, and no appearance of any hind has been made by respondent. We are therefore led to infer that the correctness of the point made by the appellant and hereinafter discussed is confessed. Appellant demurred to the information upon the ground that it is not sufficient under the statute. This demurrer was overruled and appellant alleges this ruling as error.

*439Tlie statute defining burglary is as follows:

“Every person who shall unlawfully enter in the…