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MORRIS, Commissioner. Appellant was indicted for feloniously breaking and entering a cellar, a part of the dwelling house of J. R. Colson, with intent to steal, and stealing. K. R. S. 433.180. He was found guilty and sentenced to four years confinement in the Reformatory. In motion for a new trial he set up five or more grounds in support, but it is now argued that the court erroneously and prejudicially permitted certain testimony in relation to a search warrant to go to the jury, because the affidavit upon which the warrant issued was insufficient. Secondly, that minus the testimony obtained by the search, the evidence, purely circumstantial, was totally insufficient to uphold a verdict of guilty. That this being true the court should have directed a favorable verdict.