The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1877-12-27
JUDGE CRoZIERs CHARGE To THE JURY.
STATE or KANSAS ! Instructions nv N.
vs.. '4oh' ps TIC
CHAs. +. WINTER. Court.

The defendant Is charged with having burg
lariously entered, IN The night time, the
dwelling of John Sass, and stealing there
from several hundred dollars on the 18th of
January le.5, under the following section of
the crimes act:
SEC. Us. Every person who shall be con-
Nicted OF breaking INTO a dwelling-h house, in
the night time, with intent TO commit a
felony or any larceny, but under such cir
cunlstances As shall not constitute the offence
OF burglary IN the nrst degrees, shall be de
creed guilty of burglary in the first drgree-
The defendant is charged with burglary In
the second degree and with grand larceny.
burglary in the nrst degree Is defined BY the
statute rs follows:
SEC. 81. EVERY person who shall be con-
ricted of breaking into and entering, in the
night time, the dwelling house of another.
In which there shall be at the time some HUI
msn being, with intent 10 commit some fell
ony or any larceny therein. either: First, by
forcibly bursting or breaking the wall or any
ooter door, window, or shutter OF a window
OF such house, or the lock or bolt of such door
or the fastening of Suctr window or shutter; or
Second, by breaking IN in any other manner,
being armed with some dangerous weapon
or with the assistance and AID OF one more
coilieuerates, then actually present, aiding
and assisting, picking the lock thereof; shall
be adyudged guilty OF burglary IL the first
degree"
.one.of theechief distinctions. Won will OBJ
serve, between these two degrees of burglary
Is thai 10 constitute the nrst degree there
must be In the dwelling at the time of the
burglary some human being, while tor the
second degree there need not be.
Grand larceny Is defined by the statute as
follows: Sec. - Every person who shall be
convicted OF ieloniously stealing, taking and
carrying away any money, goods, rights in
action, or other personal.propertyo or valuable
thing what>oever,;o f the value OF twenty dol
lars or more; OF any horse, mare, geidinx
colt, nlly, as, mule, neat cattle, sheen or
hog. belonging TO another, shall be deemed
guilty of grand larceny"
Under the information in this case the da-
PENDANT may, II the evidence warrants IL b.
convicted OF burglary in the second uegree
or OF grand larceny, or of both. He is pre-
sufnsd 10 be innocent until he il shown by
the evidence, beyond n reasonable doubt Ia
be guilty. II You have a reasonable doubt of
ms CUNT, yoa must give him the benefit Of ii
and acquit MIN.
You are the exclusive judges of the evil
dehce, and OF the credibility Of the witnesses
II any OF them have wiiifully testified fal~e-
~ 10 any material fact in tins cas-. Won ar a.
noerty 10 disregard all that such witnesses
may have said.
While, as have said, YOU are the exclusive
Judges OF the testimony, deem il proper 10
refer 10 that Of the witness Jacnb Gr,.h..s
he was called by the counsel for the state
ana IN reply 70 question by the County Ar
tcrney, stated, in substance thar he hin,salf
Wiinout ASSISTANCE or accomplices, commit
. Ted the crimes here charged, and that the de-
their commission; knew nothing aboui them
and Is entirely innocent of any connecISon
tnsrewah. The testimony of Grebe upon
0rner trlAl, In which he circumstanfisIIv
eesfeo that the defendant was a party 10 fhs,
burglary and larceny referred to, and shareS
S,S ZkoAhH - fe4o 70 MIN, and he WAS asst "a
yntkner u vas true, when he replied thaf II
80 Al me-, % far as IL implicated the ds-
1onane n vs. also shown that in CONVEX.
9o1s Win divers persons he had raid the -.
.s2gfnt - party 70 the crlmes mere
To-. q eunssdsr.ns q your verd,e. No,
III - 49, careful % remembsr moi IN.
2nc9vy1e permle1edo nr the soke nnrnoS
y fneeeMhlIityo q Gsebo. Xoe6inS
- 80 e.geo1y 49, sks -.