State v. Burley

SHANGLER, Judge.

The appellant was convicted by a jury of second degree burglary and sentenced to imprisonment for a term of two years. On this appeal, he assigns as error (1) the refusal of the trial court to allow jury inspection of eye glasses of the prosecuting witness (2) the refusal of a proffered instruction (3) the admission of his oral statement (4) the refusal of the testimony of a defense witness, and (5) the submission of the cause to the jury.

*577At about 9:00 o’clock p. m. on a September evening, Newman had occasion to go to the cafe he owned to prepare for the business of the coming…