State v. Summerville

Lively, Judge :

Convicted of entering, without breaking, a storage bouse of tbe Hope Construction Company witb intent to commit larceny, and sentenced to two years in tbe penitentiary, defendants Summerville, Holley and Arnold Long prosecute error. Tbe errors charged are: (1) Insufficiency of evidence; (2) tbe refusal of instructions; and (3) prejudicial argument to tbe jury by the prosecuting attorney.

Thefts of gasoline from tbe storage bouse of tbe Hope Construction Company bad been frequent, and it employed Mallory as a watch. According'to Mallory’s evidence, he arrived at tbe plant about…