State v. Murphy

Defendant Kevin Murphy was charged and convicted of burglary in the district court, Silver Bow County. From the jury verdict and subsequent sentence, defendant appeals.

On May 3, 1976, at approximately 2:15 a. m., two witnesses heard a noise which aroused their attention. They looked out from the second floor apartment, located across the street from Len’s Food Store in Butte, Montana, and saw an individual kicking the door window at Len’s. The door window was subsequently kicked out and various items, including Olympia and Lucky Lager beer, were taken from the store.

During the break-in one…