
    Foster v. People.
    
      Criminal evidence. "Burglary—evidence of theft of articles not named in indictment. Objection — to evidence on untenable ground.
    
    At the trial of an indictment for burglary in the third degree, in entering and taking from a store certain articles, the fact that certain cigars which were not mentioned in the indictment, had disappeared with the articles set forth, was allowed to he proved. Held, that the evidence, was admissible as a circumstance showing the nature and extent of the burglary.
    A box of, burglars’ tools were introduced by the prosecution. The prisoner objected on the ground that the prisoner was in no way proven to be connected with them, which was not a fact. Held, that a motion to strike out the testimony oí a witness describing these tools, made after the prosecution had rested, was properly denied.
    Ebbob to the court of general sessions of the city and county of New York, to review the conviction of Thomas Poster, for burglary in the third degree.
    
      Wm. F. Howe, for' plaintiff in error.
    
      Benjamin H. Phelps, for the people.
   Daniels, J.

The head-note states the only points passed upon in the opinion.

Judgment affirmed.  