State v. Slade

OPINION

SPIESS, Judge.

The determinative question on this appeal is whether there was substantial evidence of an unauthorized entry of a dwelling. The defendant appellant was charged and convicted of burglary. As defined in § 40A-16-3, N.M.S.A., 1953, “Burglary consists of the unauthorized entry of any * * * dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein”.

Defendant asserts error in the denial by the trial' court of his motion for a directed verdict of acquittal upon the ground that there was no substantial evidence of an unauthorized…