State v. Ostwald

Defendant appeals from his conviction of the crimes of burglary and misdemeanor possession of dangerous drugs following a jury trial in the District Court of Yellowstone County.

In the early morning hours of December 26, 1977, when the janitor of the Billings Eagles Club reported for work, he noticed that the club’s front door has been pried open. As he approached the building, he heard what he thought was hammering inside. He then left and contacted the authorities.

Shortly after 3:30 a.m., several sheriff’s deputies and city police officers were dispatched to the club and deployed around the…