State v. Filacchione

MR. JUSTICE ANGSTMAN:

Defendant was convicted of the crime of attempted burglary in the first degree. He was sentenced to a term of five (5) years imprisonment. He has appealed from the judgment and from an order denying his motion for a new trial.

Briefly, the record shows that two yomig men testified they observed the defendant, one Isaacs, and a third man in separate places in a certain alley in Billings and reported their observations to the police officers at the police station. The officers drove to the alley and apprehended the defendant who at the time was standing- near some garbage…