TATE, Justice.
The defendant Martin was convicted of simple burglary, La.R.S. 14:62, and sentenced to six years at hard labor. Of the eight assignments of error presented on his behalf, the most arguably reversible is raised by the third assignment.
Assignment of Error No. 3:
The basis for this assignment requires a statement of the context facts:
At two o'clock in the morning a police officer saw the accused near the door of a coffee...
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