State v. Harvey

BIEGELMEIER, Judge.

Defendant was charged and found guilty by a jury of burglary in the third degree and appeals from the judgment and sentence in the state penitentiary entered thereon. The assignments of error and arguments in the briefs are based on defendant’s claim the trial court erred in overruling a motion to strike testimony with regard to footprints for the reason stated no foundation or relevancy and they were immaterial.

One witness for the state, Richard Klappel a student at the School of Mines, testified he was reading a technical magazine in his room at the Holiday Motel about…