Bircher v. State

OPINION

DALLY, Commissioner.

The conviction is for burglary with intent to commit theft; the punishment, five (5) years.

The appellant’s diligent and sincere court appointed counsel has briefed and argued several grounds of error. Although the sufficiency of the evidence has not been challenged, an understanding of the grounds of error raised requires a statement of some of the facts.

Thomas Alexander, the elderly prosecuting witness, and his five year old son, approached and entered the house where they lived at about 10 o’clock on a December evening. The small boy was ahead of his father…