People v. Heim

Defendant Walter Heim appeals from a judgment of conviction finding him guilty of burglary in the second degree on the grounds (1) that the uncertainty as to the violation charged in the information resulted in a denial of due process of law; (2) that certain evidence was obtained in violation of his constitutional guarantee against unreasonable search and seizure, and hence was inadmissible; and (3) that the evidence was insufficient to support the judgment.

At approximately 11:35 p.m. on the evening of the alleged crime a merchant patrolman, one Hugh Clifton, while on patrol, heard the sound…