Oksoktaruk v. State

OPINION

MATTHEWS, Justice.

At 2:30 a. m. on November 11, 1977, approximately one-half hour after entry had been gained through a boarded up window, Donald Mack was observed in Kelly’s Photo Lab by a private security guard. The police were summoned and Mack and the defendant, Phillip Oksoktaruk, were found hiding on the premises and were arrested. Oksoktaruk allegedly told the police that he had entered the store to escape the cold, and to sleep, and that he had done so on previous occasions. Kelly’s manager, who arrived on the scene shortly after the arrests, testified that he’d found no…