State v. Wallis

OPINION OF THE COURT

WATSON, J.

Henry, Cilppy, and John Wallis, brothers, were jointly indicted; charged in the first count with “extraordinary burglary,” Laws 1925, c. 70, and in the second count with receiving stolen goods, Code 1915, § 1538. They went to trial on both counts, but the second was withdrawn at the close of the state's case, and the jury instructed to disregard it. All three were convicted under the first count. A motion for new trial was granted as to John and denied as to Henry and Cuppy, they being the appellants here.

There was evidence showing or tending to show these facts:…