State v. Watkins

HON. PAUL G. HATFIELD, District Judge, sitting for MR. JUSTICE JOHN C. HARRISON,

delivered the Opinion of the Court.

On October 31, 1972, defendant Charles R. Watkins was tried, and on November 1, 1972, was convicted of burglary in the second degree in the district court, Yellowstone County. He was sentenced to a term of five years in the state prison. From this conviction and judgment he appeals.

Either late on May 5, 1972, or early in the morning May 6, 1972, the rear door of the Gorham Park Drug, located at Broad-water Avenue and 19th Street West in Billings, Montana, was found open by a…