People v. Smith

Appellant was tried and convicted upon an information charging him with three counts of bur glary of the second degree and with a prior conviction of a felony in respect to each count. This is an appeal from the judgment entered upon the jury’s verdicts and from the order denying a motion for a new trial.

Appellant contends that, as to count three of the information, the McCurdy incident, the judgment and order must be reversed as the evidence is insufficient to establish the corpus delicti. He contends further that all three convictions should be set aside because the trial court erred in…