State v. Trombley

Earl Trombley and L. M. Cody have appealed from a judgment and sentence on a verdict of guilty of burglary in the second degree.

Several assignments of error are presented. It is necessary to consider only the one that there was a failure of proof. The information charged the appellants with the crime of burglary in the second degree, in that they feloniously broke and entered the storeroom of Bergman-Elzey, in Everett, Washington, wherein property was kept for use, sale and deposit, with intent to commit a crime therein. The statute upon which the information rests, § 2579, Rem. Comp. Stat.,…