State v. Kehr

■ The indictment charged that the defendant broke and entered a dwelling house in the night time with intent to commit the crime of larceny therein, and that he was at the time armed with a dangerous weapon, to wit, a revolver. The burglar was seen in the house by the owner thereof and his wife, but neither was able to identify him, and the defendant’s connection with the crime was shown by circumstantial evidence.

1- welghTto'b^1 mItractiodn.nce: Complaint is made of a part of the eighth instruction given by the court. It is in the following language: “ In determining whether the defendant…