State v. Tigue

BERNSTEIN, Chief Justice.

Appellants, defendants in a criminal action, were convicted of burglary in the nighttime and burglary by mechanical means.

Defendants were drving on South Central Avenue in Phoenix on the morning of April 13, 1962. Police stopped their car about 3:30 A.M. because one headlight was out. Recognizing the occupants and smelling alcohol on the driver, the officer asked defendant Tigue to step out of the car. His eyes appeared “watery and bloodshot.” Upon the arrival of a second officer, Tigue’s companion, defendant Schipper, also got out of the car. His eyes were “rolling…