State v. Davis

Donald Gene Davis appeals a conviction for second-degree burglary.

The record supports the following factual statement:

Defendant, his brother Jerry, and Gary Phetteplace were charged with second-degree burglary on May 9, 1975. The Davises were arraigned on May 21, pleaded not guilty, and were released on bond. On June 27, a trial date for the Davises was set for August 11, as number two priority. On July 11, Phetteplace was arraigned and pleaded not guilty.

During a conversation with Phetteplace, the Davises' counsel learned that Phetteplace's testimony could implicate one brother but not the…