State v. Carter

Farris, A.C.J.

Walter Reed Carter was convicted of the crime of burglary in the second degree following a jury trial. He appeals from that conviction. This matter is before the court upon the granting of appellant’s petition for rehearing. We adhere to the result of the original decision reported in 4 Wn. App. 115, 479 P.2d 543 (1971). The facts are restated here for clarification.

In the early morning hours of May 27, 1969, Mr. Carter entered the apartment of a young woman through an open window. When he encountered the occupant of the apartment, he placed his hand over her mouth as she…