State v. Richards

The defendant was convicted of the crime of'burglary, .alleged to have been committed on September 28, 1904, by unlawfully, feloniously, and forcibly entering a store in the nighttime at Fountain Gyeen, in Sanpete county, with intent to commit larceny. He now, on appeal, insists that there is no proof whatever to show that the breaking was done and ■entry of the store made in the nighttime, and that therefore the court erred in submitting the case to the jury. Upon careful examination, however, we are clearly of the opinion that there is ample proof to sustain the conviction and judgment,,…