State v. Fogg

Defendants were jointly charged with the crime of burglary. Both were found guilty and both appeal.

Police officers discovered a break-in at the Buffalo Bar in Sioux Falls early in the morning of January 26, 1961. The rear door had been pried open by a tire iron which was found inside. Some quart bottles of whiskey off the back *579bar, cigarettes, and $17.40 in change were taken. Defendants Fogg and Zimmerman were arrested in a cafe about 6:00 o’clock that morning on suspicion of having committed the burglary. They had a quart bottle of Seagram’s Seven Crown whiskey with a bar type pourer in…