State v. Digiallonardo

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the opinion of the court.

This is an appeal from a conviction in the district court of the thirteenth judicial district, Yellowstone County of the crime of first degree burglary. Codefendants Nicholas DiGiallonardo and Joseph E. DeGesualdo were tried by a jury, in a trial commencing on May 25, 1971. Defendants will hereinafter be referred to as appellants.

Three issues are presented to this Court on appeal. One, whether it was an abuse of discretion by the trial court to deny appellants’ motion for a continuance. Two, whether the trial court erred in…