Bacon v. State

(After stating the foregoing facts.) The first ground of the amended motion for a new trial contends that the State failed to prove the elements of burglary, in that it failed to show a breaking and entering of the house of the prosecuting witness. It is true that there was no evidence as to whether the exit door from the second floor opening onto the street was open or closed, locked or unlocked. There was, however, undisputed evidence that the lodgings of the witness were on a part of the second floor, which was divided between several families, and that these lodgings were broken and…