West v. State

Me. Chiee Justice Burnett

delivered the opinion of the Court.

West was indicted and convicted for the offense of burglary in the third degree. He plead not guilty, and, after evidence was introduced, etc., the jury convicted him and sentenced him to six (6) years in the State penitentiary. The judgment of the court was that he was sentenced to serve not less than three (3) nor more than six (6) years in the State penitentiary. An appeal was seasonably perfected, arguments have been heard, and we now have the question of disposition.

In the words of the State the only question here involved is:

“Th…