People v. Moya

Opinion by

MR. JUSTICE LEE.

Joseph Daniel Moya (defendant) was convicted by a jury in the Jefferson County district court of attempted burglary in violation of C.R.S. 1963, 40-25-1. We reverse.

The charge against defendant arose out of the following events. During the early evening hours of September 26, 1970, the office manager of Tiller’s Moving and Storage in Arvada, who was working in the front office, heard noises which indicated to him that someone was trying to break in the door of the back room. He immediately called the police, and then left the premises by the front door, proceeding to…