Best v. State

— There were three counts in the indictment against appellant. The first for unlawfully entering a dwelling-house in the daytime and attempting to commit larceny; the second for unlawfully breaking into and entering a dwelling-house in the daytime with intent to commit larceny; the third for petit larceny.

The jury returned a verdict finding him guilty of the crime of petit larceny charged in the third count of the indictment. The assignment of errors calls in question the action of the court in overruling appellant’s motion for a new trial.

It is insisted that the court erred in refusing to…