State v. Kleier

HOLDEN, Chief Justice.

Donald P. Kleier was charged with and convicted of the crime of attempted burglary, from which conviction he appeals.

It appears from the record there is a place in Nampa called the Waldorf Cigar Store having an alley door at the rear. The cigar store is on the ground floor of a two-story building. A steep rickety and narrow back stairway with hand rails leads to the second floor. In the early morning of February 22, 1947, a Nampa police officer saw Kleier and another man walking up the stairway, Kleier was carrying a bolt cutter in his right hand. The officer ordered the…