Windolph v. People

Plaintiffs in error, hereinafter referred to as defendants, or as Windolph and Jermark respectively, were jointly informed against, tried and convicted of burglary, and each was sentenced to the penitentiary for a term of three to five years. To review that judgment they prosecute this writ and ask that it be made a supersedeas.

The assignments worthy of notice may be thus briefly stated: (1) The building in question was not within the statute; (2) certain evidence was improperly admitted; (3) instructions 12 and 14 were erroneous; (4) instructions 2 and 3, requested and refused, should have…