State v. Chacky

Mitchell, J. —

Joe Chacky was prosecuted and convicted of an attempt to commit the crime of burglary in the second degree. The information conforms to Rem. Rev. Stat., § 2264, defining an attempt to commit a crime, and Rem. Rev. Stat., § 2579, defining the crime of second degree burglary. The defendant has appealed.

The first assignment is that the court erred in denying appellant’s motion for a directed verdict. At the close of the state’s case, the evidence strongly tended to show, as follows: The building attempted to be burglarized was the Piggly Wiggly store in Tacoma, in which goods were…