State v. Hutchings

Tbe defendant was convicted of tbe crime of burglary and upon being sentenced to a term in tbe penitentiary, and a new trial having been refused, be appealed to this court.

Tbe decisive question on this appeal is whether tbe evidence is sufficient to' justify tbe conviction, and we are of tbe opinion that this must be answered in tbe negative. Tbe appellant was charged with having burglarized a chicken bouse, tbe property of Karen J"ensen, on tbe night of December 19, 1904. Tbe evidence on tbe part of tbe prosecution shows, in substance, that tbe chicken bouse, tbe walls thereof made of rock…