State v. Brumfield

Under an indictment for breaking and entering a store in the nighttime with intent to steal, the relators, Lloyd W. Brumfield and Edward Wright, were tried by jury May 5, 1928, were found guilty of entering in the nighttime without breaking, and were each sentenced, May 25, 1928, to a term of four years in the state penitentiary.

On June 1, 1928, relators applied for a suspensive appeal from the sentence, which was opposed by the district attorney as coming too late. This objection was sustained by the trial judge, and the right to appeal was denied by him. Thereuxoon relators applied to this…