State v. Fitzpatrick

MR. JUSTICE FREEBOURN:

By information, filed January 25, 1950, defendant was charged with breaking into and entering the B and M club, in Ravalli county, during the night time on April 21, 1949, with intent to commit larceny therein. A prior conviction of felony was also charged.

Upon trial defendant admitted the prior conviction of felony, and, upon conviction of night time burglary, was sentenced to serve fourteen years in the state prison. From the judgment of conviction defendant appeals.

R. C. M. 1947, sec. 94-901, provides: “Burglary defined. Every person who enters any house, room,…