State v. Hopkins

CROCKETT, Justice.

Defendant appeals from a conviction of second-degree burglary. He contends that the facts shown are explainable on a reasonable hypothesis other than his guilt, and that therefore, as a matter of law, the evidence does not support the jury’s verdict.

The evidence shows that the second-story apartment on south Park Street in Salt Lake City, occupied by Mrs. Della McBreaty and her children, was entered during the early morning of April 18, 1960. Entrance was gained by using a ladder up to a south window. A Mrs. Garnett, who occupied a lower apartment, testified that at about 4…