State v. Harris

BARRETT,' Commissionér.

Á jury found James H. Harris guilty of burglary and stealing and fixed his punishment at three years’ imprisonment for the burglary and two years for stealing. While he does not question the sufficiency of the evidence to sustain the conviction, the circumstances, as the jury could find them, have a material bearing on His claim that he is -entitled to a new trial because of the closing argument of the prosecuting attorney and the giving and refusal of certain instructions.

Miss Louise Clayton keeps furnished and owns a two-story frame residence one mile west o'f…