People v. Jacobs

By the Court, Wallace, C. J.:

The prisoner, indicted for the crime of burglary with intent to commit rape, etc., was found guilty, and judgment having been rendered upon the verdict, this appeal is taken from the judgment and an order denying the motion of the prisoner for a new trial.

Several points are made by the prisoner’s counsel in argument, but it will be necessary to notice only one of them.

The prosecution gave evidence tending to prove that the prisoner had, in the night-time, broken into a dwelling-house, where a girl named Mary Proctor resided, with the intent to commit a rape upon…