State v. Starkweather

The defendant was convicted of burglary in the first degree and his punishment fixed at imprisonment in the penitentiary for a period of one year by the verdict of the jury. Judgment against him was entered accordingly. He moved for a new trial, which was denied, and thereupon appealed to this court from the judgment and the order denying him a new trial.

It appears that Kulay, the prosecuting witness, was the owner of a building in Roundup, Montana, fronting on Main Street, in which he conducted a cigar-store and pool-hall. In the rear end of the pool-hall there is a toilet, and also a…