State v. Hamilton

Defendant appeals from conviction of burglary not in a dwelling. QRS 164.240. State’s evidence was received showing that in the early morning hours of December 29,1968, a jewelry store was burglarized and $11,000 in merchandise stolen. At that time Officer Berwanger, patrolling the alleyway behind the store, noted movement and a shadow inside the store. He radioed for aid. As he continued to observe, he saw a figure of a man in the light of adjacent street lights, whose clothing he described, emerge from the roof with a bag in hand. The figure climbed to an adjacent roof where there was a…