State v. Rauch

WASSERSTROM, Judge.

Defendant appeals from a conviction of burglary in the second degree upon which the jury assessed punishment of four years imprisonment. The facts are not in dispute.

Clark Lentz, the owner of a general store, became suspicious of four young men who were apparently “casing” his store and notified the sheriff. The sheriff assigned a deputy to “stake out” the store that night. Shortly after 10:00 o’clock the deputy observed a car drive slowly past the store and then return. Pour men then got out of the car and circled the store on foot. The deputy then heard glass break and…