State v. Smith

BARHAM, Justice.

The defendant, charged with simple burglary, was tried, found guilty as charged, and sentenced to 50 years in the Louisiana state penitentiary as a fourth offender. Defendant filed a motion for a new trial on the sole ground that “said verdict is contrary to the law and the evidence”. On appeal he relies for reversal only upon the bill of exception reserved to the overruling of this motion.

In brief and in oral argument before this court defendant contends that there was no evidence at the trial to support the jury’s verdict, and alternatively that the presumption provided by…