State v. Montague

HOWE, Justice:

Defendant Keith Montague appeals from his conviction for burglary, theft and being a habitual criminal. He seeks to have the habitual criminal conviction vacated and to have the burglary and theft convictions remanded for a new trial.

On March 9,1981 a neighbor to a married couple saw the defendant enter their apartment by removing a screen from a window and then leave the apartment (through the doorway) carrying clothes and other articles. That afternoon a deputy sheriff observed the defendant wearing a suit which had been taken from the apartment; and, on the day he was…