State v. Barker

Brian Barker appeals his judgment of conviction of attempt (felony) toward the commission of theft entered against him in the District Court, Thirteenth Judicial District, Yellowstone County. His judgment of conviction is the result of a jury trial. Barker was sentenced to ten years in prison, in part because of a previous criminal record, and later the court suspended the last seven years of his sentence.

On the day in question, April 12, 1983, Barker had consumed a considerable amount of liquor. At 5:00 p.m., he entered the Corral West Ranch Wear store in Billings. At the time, he was…