State v. Dugger

Ott, J. †

March 15, 1968, Darrel Dugger was found guilty of second degree burglary by a jury in Lincoln County. From entry of the judgment and sentence based upon the jury’s verdict, Darrel Dugger has appealed.

Appellant asserts that there was a failure of proof of the crime of second degree burglary for the reason that there was no evidence of a forceful entry into the premises.

Esther Tolenen, a cook and waitress working at the Almira Hotel on August 30, 1967, the date of the alleged offense, testified, inter alia, that (1) she came to work at noon and worked alone continuously until she…