State v. Dudley

CLARK, Judge.

William L. Dudley appeals from a jury verdict finding him guilty of burglary, second degree, and the resulting judgment and sentence of five years. Reversed.

In the early morning hours of September 26, 1978, a police officer was called to respond to an alarm of a burglary at a market. As he approached, the officer observed a man, later identified as the defendant, standing in front of the store entrance. Dudley was crouched over, looking inside the store through a broken glass in the door and, according to the officer, Dudley was moving his hands and his mouth. As the officer…