State v. Elwood

Robert Graves and Warren Elwood were charged by information with the crime of burglary in the second degree. The trial resulted in separate verdicts finding each of them guilty as charged. Thereafter, each of the defendants was charged with being an habitual criminal. The trial of Elwood upon this charge resulted in a verdict of guilty. We are not here concerned with the similar charge against Graves. Elwood moved for a new trial, which was overruled, and from the judgment and sentence entered, appeals.

Sometime between the early morning hours and one o’clock in the afternoon of November. 15,…