State v. Lytle

The appellant was charged with second degree burglary. He appeals from a jury verdict of guilty.

On October 25, 1965, at approximately 10 p.m., the appellant was seen smashing the front window of a grocery store. A few moments later, he was observed leaving the store carrying away four bottles of wine. The witness who had observed the appellant asked him why he had broken the window. The appellant showed him the bottles of wine and replied, “This is why.” The police were notified and the appellant was apprehended.

The appellant’s first contention is that he was prejudiced in his defense because…