State v. Smith

By the WHOLE COURT.

ST. PAUL, J.

Jerome Smith and Ike Watson were convicted of breaking and entering a dwelling house in the nighttime with intent to steal. Smith alone appeals. He brings up four bills of exception, as follows:

Bill of Exception No. 1.

He complains : That the trial judge allowed evidence to go to the jury showing that at the time of their arrest defendants had in their possession a package of butter and eg'gs apparently the property of some person residing near the scene of the alleged burglary ; that they were not on trial for stealing said butter and eggs, and said testimony…