STATE v. MURPHY

No. 13647.

570 P.2d 1103 (1977)

The STATE of Montana, Plaintiff and Respondent, v. Kevin MURPHY, Defendant and Appellant.

Supreme Court of Montana.

Decided October 25, 1977.


Attorney(s) appearing for the Case

Stimatz & Engel, Butte, Joseph C. Engel, III, argued, Butte, for defendant and appellant.

Michael T. Greely, Atty. Gen., Helena, J. Dennis Moreen, Asst. Atty. Gen., argued, Helena, John G. Winston, County Atty., Butte, for plaintiff and respondent.


HATFIELD, Chief Justice:

Defendant Kevin Murphy was charged and convicted of burglary in the district court, Silver Bow County. From the jury verdict and subsequent sentence, defendant appeals.

On May 3, 1976, at approximately 2:15 a.m., two witnesses heard a noise which aroused their attention. They looked out from their second floor apartment, located across the street from Len's Food Store in Butte, Montana, and...

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