State v. Behler

In March, 1943, John P. Gilbertz owned and was operating a store at Ferdinand, Idaho. Shortly prior to March 7, 1943, while William Lipps was in a hospital at Grangeville, Idaho, appellant went to and entered Lipps’ home and took therefrom a Winchester “forty-four” rifle belonging to Lipps. About a week later, to-wit, March 12, 1943, appellant went to Ferdinand and at about three o’clock in the morning of that day broke a window by the front door of the store and then unlocked the door and went to the_ back end where he ate some crackers and cookies and waited until Gilbertz came to the store…