State v. Bitz

404 P.2d 628 (1965)

STATE of Idaho, Plaintiff-Respondent,

v.

Joseph Martin BITZ, Defendant-Appellant.

No. 9436.

Supreme Court of Idaho.

July 19, 1965.

Jerry V. Smith, Lewiston, for appellant.

Allan G. Shepard, Atty. Gen., and M. Allyn Dingel, Jr., Asst. Atty. Gen., Boise, Roy E. Mosman, Pros. Atty., Lewiston, for respondent.

KNUDSON, Justice.

During the early morning hours of May 20, 1962, defendant-appellant and one Howard Vindhurst were discovered hiding in a ventilator on the roof of Montgomery-Ward Store building in Lewiston, Idaho. There was evidence that the store had been unlawfully entered; the…