State v. Youchunas

ODOM, Justice.

The defendant was charged in a bill of information filed by the district attorney with the crime of breaking and entering a storehouse in the nighttime with intent to steal, which is a felony punishable by im prisonment at hard labor for a term not exceeding ten years. Rev.St. § 852, as amended by Act No. 72 of 1926.

He was arraigned on February 1, 1937, and his case was set down to be tried on February 17. On the latter date he was tried and convicted as charged. On the following day he was brought into court for sentence. But then and there, before sentence was pronounced, the…