Fritch v. State

Art Friteh, Lowell Long and Vernon Miller, appellants herein, were jointly indicted, tried and convicted of burglary and conspiracy to commit a felony, in the Brown Circuit Court. They have appealed and have assigned as error that the court,erred in overruling their motion for a new trial. The crime of burglary in the first degree is defined in §1, ch. 165, Acts 1915, §2446 Burns 1926; and conspiracy to commit a felony is defined in §641, ch. 169, Acts 1905, §2882 Burns 1926.

On the night of January 17, 1925, James Richardson and his wife, Mary Richardson, in their home in the country between…