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STATE v. HEWITT

No. 7914.

254 P.2d 677 (1953)

STATE v. HEWITT.

Supreme Court of Idaho.

Rehearing Denied March 31, 1953.

Attorney(s) appearing for the Case

Jack M. Murphy, Shoshone, for appellant.

Robert E. Smylie, Atty. Gen., J. R. Smead, Asst. Atty. Gen., Joseph McFadden, Pros. Atty., Hailey, for respondent.

THOMAS, Justice.

Appellant was charged with and convicted of burglarizing the Kilpatrick Bros. Co. general store at Picabo, Blaine County, Idaho, in the nighttime on or about January 1, 1952.

A complete inventory of the merchandise in the store had been taken on Sunday, December 30, 1951. The store was open for business as usual the following day. On Tuesday, January 1, 1952, the store was closed. Mr. Atkinson, the store manager, was in the store on that day...

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