Slappey v. State

Henry Slappey was convicted of burglary, and his motion for a new trial was overruled. He thereupon filed exceptions to the judgment overruling the motion for a new trial.

The counsel for the plaintiff in error states that there is no doubt of the guilt of Slappey of larceny from the house, but contends that the evidence did not authorize a conviction of burglary, for the reason that it did not show that there was a breaking, within the meaning of the law relating to burglary. The testimony in effect with reference to the breaking was given by the prosecutor as follows: “I can’t say that my…