People v. Flowers

Mr. PRESIDING JUSTICE RECHENMACHER

delivered the opinion of the court:

The defendant was charged by information with the offense of attempt (burglary), involving an alleged attempted entry of a “Clark Super 100 gasoline station.”

At trial, the night clerk of the hotel which is located across the street from the “Clark gasoline station” testified that he saw two men approach the station and shortly afterward, at 2:30 a.m., heard a noise “like a hammer hitting against cement.” The clerk called the police, and a short time later, saw a man whom he identified as the defendant, come out from behind…