State v. Stewart

SHEPARD, Chief Justice.

This is an appeal from a conviction of second degree burglary. Defendant-appellant Edward Stewart, Patrick Lane and Lawrence Thomas were all charged with first degree burglary arising out of an incident at Madison’s Furniture Store, Mountain Home, in December, 1975. I.C. § 18-1401. Defendants Lane and Thomas pleaded guilty to reduced charges of second degree burglary and, insofar as the record reveals, have not appealed their conviction. Defendant-appellant Stewart was tried before a jury on the charge of first degree burglary, and convicted of second degree burglary.…