State v. Lyons

McFARLAND, Justice.

Appellant, Harold Travis Lyons, and Robert Hollinger Custer, were jointly charged, tried, and found guilty by a jury of the crime of first degree burglary, in violation of A.R.S. § 13 — 301 and § 13-302. Custer was placed on three-year probation. Appellant was sentenced to a term of not *380less than three nor more than four years in the Arizona' State Prison. From his conviction and sentence, he appeals.

Appellant and Custer, in the early morning of Sunday, November 3, 1963, gained entry into the Deerhead Inn, 7540 South Central Avenue, Phoenix, through a window in the men’s…