Winters

The defendant was accused, by information, of the crime of burglary, charged to have been committed by the entry of the defendant into the house of one John Gunn, with intent to commit larceny. He was convicted of burglary in the first degree,, and sentenced to imprisonment in the state prison for the term of six years. From the judgment of conviction, and the order denying the defendant’s motion for a new trial, this appeal is taken.

The evidence upon which the verdict was founded is, substantially, as follows: —

Vincent Brewer, a witness for the prosecution, testified that on the fourth day of July, 1890, he was in the employ of John Gunn, the owner and occupant of the house in question, as driver of a dairy wagon; that he had been in town that day, and returned to Gunn’s house, where he lived, shortly before twelve o’clock that night; that he entered the house by the back door leading into the kitchen, which he shut and latched on entering, and after extinguishing the gas-light therein he went to his room adjoining the kitchen, and lighted the gas; that he was in the act of turning off the gas before retiring, when he heard the outside kitchen door, by which he entered,…