People v. Saunders

James Saunders was indicted for burglary “in that he, without authority, knowingly entered into the dwelling house of Clara Perkins, with the intent to commit the crime of theft * * * .” He was found guilty by a jury and was sentenced to the penitentiary for a term of not less than five or more than fifteen years.

Saunders contends that the State did not prove that Clara Perkins was in lawful possession of the burglarized premises and did not prove that the person who entered the premises intended to commit theft. Saunders also complains of two trial errors: that the prosecutor insinuated that…