HALE, J.
If Nancy Williams had not been awakened at 3:20 in the morning by a noise from across the street, the chances are the defendant would not have been convicted of burglary. The Williamses lived in a second-floor apartment on North Greenwood Avenue in Seattle opposite the 68th Street Tavern. In the early morning hours of February 21, 1967, they were asleep in the front bedroom when, as Mrs. Williams testified:
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