State v. Scott

The opinion of the court was delivered by

McEnery, J.

The defendant was indicted under Sec. 864, Revised Statutes, which says: “ Whoever, with intent to kill * * * shall in the night time enter, without breaking, a dwelling house * * * on conviction shall be imprisoned at hard labor not exceeding five years, and fined not exceeding one thousand dollars.”

The defendant was convicted and sentenced to hard labor for five years and to pay a fine of one dollar and costs. The defendant appealed from the verdict and sentence. A motion in arrest of judgment was filed on the grounds, (1) that the…