State v. Oppelt

Defendant appeals from a judgment of conviction of aggravated burglary, aggravated assault, and attempted theft entered by the District Court, Cascade County, upon a jury verdict.

At approximately 7:30 a.m., January 15, 1977, the Cascade County sheriff’s department notified Jerry Noble, owner and manager of Zooks Tire Center in Great Falls, Montana, that the burglar alarm for his store had sounded. Noble proceeded to his store where he observed a man exiting from the shop door. Noble then parked his car in a manner blocking an automobile which was parked near the building.

At approximately this…