State v. Classen

The defendant was convicted of breaking and entering with intent to steal and was sentenced to imprisonment for 2 to 6 years. He has appealed, and contends that the trial court erred in overruling his motion for discharge and that the evidence of breaking was not sufficient to sustain the verdict of guilty.

The offense was committed at about 1:45 a.m. on April 21, 1982. The defendant was apprehended inside a storage building of the Montgomery Ag Equipment Company, a farm implement and feed dealer. The building had been under surveillance by four state patrolmen. The patrolmen testified that…