State v. Howell

LUSK, J,

The defendant was convicted of the crime of burglary not in a dwelling and has appealed.

The indictment charged that the defendant “on the 19th day of November, 1962 * * '* acting together and in pursuance of a common intent with James Edward Hotaling, did then and there wilfully break and enter the Creslane Grade School building in Creswell through an outer door thereof with the intent to steal property then kept therein * *

Error is assigned to the court’s denial of defendant’s motion for a directed verdict based on claimed insufficiency of the evidence. Some of the evidence for the…