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STATE v. JOHNSON

No. 10156.

447 P.2d 10 (1968)

92 Idaho 533

STATE of Idaho, Plaintiff-Respondent, v. Bernard W. JOHNSON, Defendant-Appellant.

Supreme Court of Idaho.

November 13, 1968.

Attorney(s) appearing for the Case

D.K. Worden, Jr., Lewiston, for defendant-appellant.

Allan G. Shepard, Atty. Gen., and Roger B. Wright, Deputy Atty. Gen., Boise, Roy E. Mosman, Pros. Atty., Lewiston, for plaintiff-respondent.

TAYLOR, Justice.

Defendant (appellant) was tried by a jury, found guilty, and convicted of the crime of burglary of the first degree.1 The facts adduced upon trial show without substantial contradiction that defendant was apprehended by the police while inside the Owl Prescription Drive-In in the city of Lewiston, at about the hour of 3:30 a.m. on June 29, 1967. The business there operated was a retail drug store. The store had been closed...

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