State v. Smith

By the WHOLE COURT.

BRUNOT, J.

James B. Smith and another person were charged with breaking and entering a dwelling house, in the nighttime, armed with a dangei'ous weapon, .with intent to rob. The jury returned a verdict of “guilty as charged, without capital punishment,” against Smith, and a mistrial was entered as to the other defendant.

Smith was sentenced to imprisonment in the Louisiana State Penitentiary for life. From that verdict and sentence he has appealed.

The minute .entries in the record disclose that counsel for the defendant excepted to five rulings of the court, and noted the…