Kemplin v. State

Reese, O. J.

Plaintiff in error was prosecuted in the district court for Garden county for the crime of burglary, committed on the 23d day of December, 1910, by breaking and entering the dwelling house of D. A. Kingery, with intent to steal certain personal property therein. A trial was had, which resulted in a verdict of guilty, and on the 13th day of May, 1911, he Avas sentenced to imprisonment in the penitentiary for the term of four years. He brings the cause to this court for review by proceedings in error.

After the case Avas called for trial in the'district court-, and after three jurors…