State v. Benson

John Bernard Benson (Benson) appeals his conviction in the District Court of the Fourteenth Judicial District, Musselshell County, of the offense of burglary. We reverse.

Sometime between 2 a.m. and 5 a.m. the morning of January 23, 1993, the Melstone Bar and Cafe in Melstone, Montana, was burglarized. The owners of the establishment reported that money, lottery tickets, liquor, food, and tobacco products were stolen. Deputy Floyd Fisher (Deputy Fisher), the investigating officer, found no apparent signs of forced entry.

After receiving an anonymous tip Ion January 24 that some of the missing…