GRAY, P. J.
This cause is in this court on appeal from a conviction of defendant on two counts of breaking and entering in the night season. Defendant feeling aggrieved by this result of his jury trial filed his notice of appeal and assigned the following errors.
"1. As to the first count, the judgment of the court is contrary to law and manifestly against the weight of the evidence.
"2. As to the second count, the court erred in granting,
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