State v. Johnson

UDALL, Chief Justice.

Tom Johnson was one of two defendants tried jointly and convicted of burglary in the first degree. The other defendant, Marvin Harris, is not a party to this appeal by Johnson.

The facts are as follows: About 12:20 a. m. on the morning of May 29, 1963, at the Richfield gas station on the northeast corner of 7th Avenue and Indian School Road in Phoenix, Norman Sands, an employee of the gas station, saw defendant Harris bending over some tires that were lying against Sands’ car. Sands’ car was parked on the street (Indian School Road) in front of the service station. Sands…