Page:Train - Tutt and Mr Tutt (Scribner, 1922).djvu/277

 "And I move, Your Honor," the lawyer was paying, "that you take the counts for burglary in the first, second and third degrees away from the jury on the ground that there has been a complete failure of proof that my client broke into the house of this man Hepplewhite either by night or by day, or that he assaulted anybody or stole anything there, or ever intended to."

"Motion granted," agreed the judge. "I quite agree with you, Mr. Tutt. There is no evidence here of any breaking. In fact, the inferences are all the other way."

"I further move that you take from the consideration of the jury the remaining count of illegally entering the house with intent to commit a crime and direct the jury to acquit the defendant for lack of evidence," continued Mr. Tutt.

"But what was your client doing in the house?" inquired the judge. "He had no particular business in it, had he?"

"That does not make his presence a crime, Your Honor," retorted the lawyer. "A man is not guilty of a felony who falls asleep on my haycock. Why should he be if he falls asleep in my bed?"

The judge smiled.

"We have no illegal entry statute with respect to fields or meadows, Mr. Tutt," he remarked good-naturedly. "No, I shall be obliged to let the