STATE v. BITZ

No. 9436.

404 P.2d 628 (1965)

STATE of Idaho, Plaintiff-Respondent, v. Joseph Martin BITZ, Defendant-Appellant.

Supreme Court of Idaho.

July 19, 1965.


Attorney(s) appearing for the Case

Jerry V. Smith, Lewiston, for appellant.

Allan G. Shepard, Atty. Gen., and M. Allyn Dingel, Jr., Asst. Atty. Gen., Boise, Roy E. Mosman, Pros. Atty., Lewiston, for respondent.


KNUDSON, Justice.

During the early morning hours of May 20, 1962, defendant-appellant and one Howard Vindhurst were discovered hiding in a ventilator on the roof of Montgomery-Ward Store building in Lewiston, Idaho. There was evidence that the store had been unlawfully entered; the safe had been moved; some tools and drill bits were littered around the safe. Defendant and Vindhurst were arrested and later charged with first degree burglary.

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