Morones v. State

Defendant makes two arguments to support his contention that a “manifest injustice” has here occurred.

The first claim, to quote defendant’s brief, is that “defendant’s acts did not constitute the crime of attempted burglary, party to a crime.” There is no challenge to the fact that the defendant and his accomplice went to the rear door of the closed tavern, at about 2:20 a. m., to break and enter with intent to steal. There is no denial that the defendant jimmied the lock and pushed inward the door while his accomplice acted as lookout. There could be no denial that if the police officer had…