State v. Harris

COIL, Commissioner.

Defendant, John William Harris, was charged with and convicted of burglary and larceny and the jury found that he theretofore had been convicted of a prior felony as charged. His punishment was fixed at 15 years (the maximum total for both burglary and larceny) in the state penitentiary. He has appealed from the ensuing judgment.

He contends on this appeal that the court erred in denying his motion for judgment of acquittal at the close of the state’s case. Defendant, subsequent to the trial court’s ruling on that motion, adduced evidence in his own behalf and thereby waived…