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STATE v. ROGERS

No. 818.

496 P.2d 169 (1972)

83 N.M. 676

STATE of New Mexico, Plaintiff-Appellee, v. Oscar ROGERS, also known as Joe Baker, Defendant-Appellant.

Court of Appeals of New Mexico.

April 7, 1972.

Attorney(s) appearing for the Case

Harvey C. Markley, Lovington, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen. Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Rogers was charged, convicted and sentenced for burglary contrary to § 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1971). Rogers appeals.

We reverse.

Section 40A-16-3, supra, reads in part as follows:

Burglary consists of the unauthorized entry of any * * * structure, * * * with the intent to commit any felony or theft therein.

On April 8, 1971, at 8:30 p.m., Rogers drove into Jim's Conoco Station...

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