MR. JUSTICE SCHWARTZ delivered the opinion of the court.
In a nonjury case the defendants were convicted of burglary and sentenced to the penitentiary for terms of one to three years. They contend (1) that the charges in the indictments vary materially from the evidence adduced at the trial; and (2) that the trial judge applied an incorrect rule of law in weighing the evidence. The facts follow.
A short time after midnight on September 28, 1964, a burglar...
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