Wieland

Defendant was informed against for the crime of burglary, and upon a verdict of guilty in the first degree was sentenced to imprisonment in the state prison for five years. He appeals from the judgment and an order denying his motion for a new trial, and assigns as grounds for a reversal of the judgment: (1) That the verdict is not supported by the evidence; and (2) the refusal of the trial court to strike out certain testimony of the arresting officer.

The evidence discloses that the complaining witness and his wife left their home on the afternoon of July 10, 1908, about i o’clock P. M., to remain away over night, and the servants of the household left the house between 6 and 7 P. M. and retired to adjacent houses on the same premises for the night. The next morning the screen of a window usually kept closed was found up and the window open and there was evidence of the house having been entered; burned matches were strewn about the floor, two bureau drawers were open, and several articles of jewelry missing. The same night, at about quarter to 8 o’clock, a lady living at a house some four or five blocks from the house above mentioned heard a noise at her window and, lifting…