State v. Ashcraft

The appellant was convicted of burglary for breaking into the granary of Lorenzo Davis, a farmer in Polk County, and his punishment assessed by the jury at two years’ imprisonment in the penitentiary. The evidence was circumstantial. His brief on this appeal contains six assignments of error, five of which complain in one way or another of the insufficiency of the evidence and one of the failure to grant him a new trial on the ground of surprise.

The prosecuting witness, Davis, lived about six miles south of Bolivar. He testified that on the evening of Monday, December 28, 1936, he fastened…