State v. Russell

The opinion of the court was delivered by

Fatzer, J.:

The defendant was charged and tried for the offense of burglary in the nighttime (G. S. 1955 Supp. 21-520) and for the offense of larceny in committing the burglary (G. S. 1949, 21-524). He was convicted of burglary and found not guilty of larceny. Following the overruling of his motion for a new trial he perfected this appeal.

The defendant specifies the trial court erred on two grounds when it overruled his motion for a new trial: (1) The verdict was contrary to the law and the evidence, and (2) the court’s refusal to allow jurors to be…