State v. Smith

STOCKARD, Commissioner.

Robert C. Smith has appealed from the judgment, after jury verdict, whereby he was sentenced to confinement in the penitentiary for a term of three years for burglary in the second degree. Appellant has filed no brief so we consider the assignments of err.or properly made in his motion for new trial.

Appellant challenges generally the sufficiency of the evidence to sustain the verdict, and he also contends that there was “no evidence presented of any breaking or entering.”

Mr. and Mrs. Flavil B. George had an “L” shaped building, referred to as a barn, constructed of…