STATE v. HOPKINS

No. 9338.

11 Utah 2d 363 (1961)

359 P.2d 486

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. JAMES LEROY HOPKINS, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

February 23, 1961.


Attorney(s) appearing for the Case

Adam M. Duncan, Henry Adams, Earl M. Wunderli, Salt Lake City, for appellant.

Walter L. Budge, Atty. Gen., Homer F. Wilkinson, Asst. Atty. Gen., for respondent.


CROCKETT, Justice.

Defendant appeals from a conviction of second-degree burglary. He contends that the facts shown are explainable on a reasonable hypothesis other than his guilt, and that therefore, as a matter of law, the evidence does not support the jury's verdict.

The evidence shows that the second-story apartment on south Park Street in Salt Lake City, occupied by Mrs. Della McBreaty and her children, was entered during the early morning of April 18...

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