James v. State

The defendant was charged in the district court of Grant county with the crime of burglary; was tried, convicted of burglary in the second degree, and sentenced to serve two years in the penitentiary, and has appealed.

The first error presented is, that the evidence is insufficient to sustain the judgment and sentence, and that the court erred in failing to instruct the jury to return a verdict of not guilty.

It is unnecessary to give a detailed statement of the evidence in this case. Briefly, it may be stated that Charlie Stevenson was farming in Grant county. On the night of May 7, 1937, his…