State v. Cone

The opinion of the court was delivered by

Smith, J.:

The defendants were tried jointly and convicted in the first count of burglary in the nighttime and in the second count of grand larceny. They have appealed.

They argue first there was not sufficient evidence to prove that the burglary was committed at night. Cone and Greenway argue further there was not sufficient evidence to prove possession of the recently stolen property in them.

As to the first argument, W. D. Smith operated a store in a small town in Johnson county. He testified that he left his store as usual at the close of the day on…