State v. Rose

Defendant appeals from a denial of his motion for a new trial following his conviction of burglary by a jury in the District Court of Missoula County.

Dr. John Opalka was on vacation in March 1978. A neighbor, Rae Dabbert, had been asked to watch the Opalka home, to water plants and pick up mail. On March 2, 1978, she was in the home and all was in order. On Sunday, March 5, Mrs. Dabbert noticed that a door into the garage was open and that a number of rooms were in disarray. She called the Missoula County sheriff’s office and Deputy Willis Hintz arrived shortly thereafter.

Mrs. Dabbert and…