STATE v. CARTER

No. 4158.

118 Ariz. 562 (1978)

578 P.2d 991

STATE of Arizona, Appellee, v. Stewart Otis CARTER, Appellant.

Supreme Court of Arizona, In Banc.

May 1, 1978.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen., Bruce E. Babbitt, Former Atty. Gen., William J. Schafer, III, Chief Counsel, Crim. Div., Gregory A. McCarthy, Asst. Atty. Gen., Phoenix, for appellee.

William H. Feldhacker, Phoenix, for appellant.


GORDON, Justice:

Following a trial, a jury convicted Stewart Otis Carter of second degree burglary, a violation of A.R.S. § 13-302. Carter filed a notice of appeal, and we have taken jurisdiction pursuant to 17A A.R.S., Rules of the Supreme Court, Rule 47(e).

On October 13, 1976, a home was broken into through its kitchen window, while the owners were away. Evidently someone broke a window pane, reached in, opened the window, and then entered the house...

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