State v. Weaver

The appellants were jointly charged, tried and convicted of three counts of second-degree burglary and one count of possession of burglar tools. While thirty errors are assigned, only three issues are presented: insufficiency of the evidence, admission of testimony concerning intent in connection with the burglar tools count; and permitting a witness to testify who remained in the courtroom after all witnesses were ordered excluded.

Rowley’s Tavern in Spokane, Washington was burglarized on August 26, 1960. Entry was effected by prying open a window with a tire iron. Several coin machines were…