Neal

Defendant was charged in two counts with the crime of burglary. She was convicted upon both counts and appeals from the judgment of conviction and from an order of the trial court denying her motion for a new trial.

Appellant’s sole defense against both charges lay in her attempt to prove an alibi. There was ample evidence, however, to support each charge, if the jury gave credence to the testimony of witnesses to the effect that they identified appellant as the culprit in each instance. There was some testimony that she was actually present at a place other than the scene of the crimes, but the great burden of her defense was that she was in such a condition, through illness, that it was impossible for her to have gone to the places where the offenses were committed. Specifically, her main defense was that she was so afflicted with an abscess or ulcer of the rectum, or with an anal fistula, as to render impossible a locomotion by her to the scenes of the crimes, both being at a considerable distance from her place of residence. Various physicians testified to a state of affairs in these respects which would have justified the jury in believing that appellant could not have…