State v. Haynes

Appellant urges the evidence is insufficient to sustain his conviction of burglary in the second degree and being a persistent violator because of the following inconsistency and contradiction in the proof submitted by the state, the appellant offering no evidence.

Appellant was charged with burglary as of the 28th of March, 1942, and was sufficiently identified as having entered the complaining witnesses’ house on that day, without the owners’ consent and against their will and without their permission. To prove the essential larcenous intent (Sec. 17-3401,1. C. A.) the state relies upon…