State v. Douglas

OPINION

HENDLEY, Judge.

After a trial to the court defendant was convicted of burglary. Section 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol.1972). He asserts two errors for reversal: (1) sufficiency of the evidence; and, (2) improper consideration of evidence by the judge in his role as fact-finder and denial of right to confront the judge when the judge improperly considered evidence.

1. Sufficiency of the Evidence.

During the burglary of a gas station, a coke machine was forcefully entered. Approximately one-fifth of a latent fingerprint was found on the inside of the coke machine. At trial a police…