Woodward v. State

Warner, Chief Justice.

The defendant was indicted for the offense of “burglary in ■the night time,” and on the trial thereof was found guilty by the jury. A motion was made for a new trial, on the ground that the verdict was contrary to law, contrary to the evidence, and without evidence to support it, which motion was overruled by the court, and the defendant excepted. It appears from the evidence in the record that the defendant, between the hours of twelve and one o’clock at night, raised the back window-sash of the prosecutor’s dwelling-house, in which he •and his wife were sleeping,…