State v. Monks

CAMERON, Judge.

The defendant, Charles Monks, was convicted by a jury of the crime of burglary in the nighttime as defined by A.R.S. Section 13-302, subsec. B. A motion for new trial was denied and the defendant brings this appeal.

The material facts stated as they must be,'in the light most favorably to sustaining the conviction. State v. Smith, 91 Ariz. 49, 369 P.2d 901 (1962), are as follows.

On 26 March, 1963, the owner of the “Carnival Room”, located on East Indian School Road, together with the bar manager, closed for the night and after checking to see that the premises were locked, left…