McNeeley v. State

OPINION

By the Court,

Zenoff, D. J.:

On Sunday, July 5, 1964, at approximately 2:55 p.m., responding to a burglar alarm and a telephone call, the Reno police searched the premises of Menards, a downtown clothing store. That search revealed a door that had been forced open and the appellants hiding within the store. Appellants were arrested, subsequently tried and found guilty of burglary in the second degree. From that conviction, this appeal is brought.

1. Since appellants did not testify during the trial, the court instructed the jury that “In accordance with a right guaranteed by the…