People v. Urquidas

Belcher, C.

— The defendant was convicted of the crime of burglary in the second degree, and sentenced to be imprisoned in the state prison for the term of one year. The appeal is from the judgment and an order denying a new trial.

The charge was, that the defendant entered the barn of one Beale, with intent to commit larceny, and the evidence on the part of the prosecution tended to show that such an entry was made by defendant about two o’clock in the morning. The judgment cannot be reversed, therefore, for want of evidence to justify the verdict.

It is claimed that the court erred in refusing…