State v. Witte

Rogosheske, Justice.

On July 4, 1966, defendant was arrested and thereafter charged with the crime of burglary in violation of Minn. St. 609.58, subd. 2, which provides:

“Whoever enters a building without the consent of the person in lawful possession, with intent to commit a crime therein, commits burglary * * *.” (Italics supplied.)

Upon his plea of not guilty and while represented by counsel of his own selection, he was tried by the court, having waived his right to a jury trial. The trial judge found defendant guilty and, following presentence investigation, defendant was sentenced to…