State v. Walker

OTIS, Justice.

As a result of evidence discovered on November 27, 1979, by stopping a truck driven by defendant’s brother in which defendant was a passenger, defendant and his brother were charged and convicted in district court of burglary and theft based on removing three calves from two different farms earlier that morning. Defendant was sentenced to two concurrent 5-year prison terms. The issues raised are: (1) the legality of his arrest; (2) the propriety of charging theft instead of cattle rustling; (3) the applicability of the burglary statute; and (4) the fairness of the trial. We…