Cameron

The defendant was convicted of an attempt to commit burglary, and appeals from the judgment and an order denying him a new trial.

On the eighth day of January, 1921, at about 1:45 A. M., the defendant and one Fleming were seen standing at the front door of a garage on Seventh Street, in Richmond, by two police officers. Apparently the defendant was trying to pry off the lock of the door. The officers approached the garage, whereupon the defendant and his companion walked away. The officers followed, and as they passed the garage • they noticed that the door lock was missing. They continued to follow the couple, and while doing so observed Fleming in the act of discarding certain articles. Being overtaken by the officers, and failing to satisfactorily account for their presence in that locality at such a time, they were taken into custody. On the way to the jail the defendant attempted to escape, and upon his refusal to halt was fired upon and wounded by one of the officers, and recaptured. Subsequently a flash-light was found in the neighborhood, also two tire-tools and a box-opener or claw-tool. A brass Yale padlock of the garage had been pried off, and was picked up in the path…