State v. Balliet

This is an appeal from Grant county. The defendant was informed against on a charge of burglary in the third degree (Comp. Laws 1913, § 9873). The case came to trial before a jury. The State offered evidence in support of the information. The court in submitting the case to the jury charged that the crime of unlawfully entering a building (§ 9878) was an included offense. The jury returned a verdict of guilty of the latter offense and on February 6, 1931, a sentence of fine and imprisonment in the county jail was imposed. On that date the defendant made a motion in arrest of judgment (§…