State v. Walters

— This is an appeal by the prosecution from an order of the trial court sustaining a defense challenge to the sufficiency of the state’s evidence.

On November 13, 1958, Charles W. Walters and Robert Hutton Davis were charged with the crime of burglary in the second degree by an information which reads in part:

“They, the said Charles W. Walters and Robert Hutton Davis, and each of them, in the County of King, State of Washington, on or about the 27th day of September, 1958, with intent to commit a crime therein, willfully, unlawfully and feloniously did break and enter a building, said building…