[Download] "State Idaho v. Bernard W. Johnson" by Supreme Court of Idaho No. 10156 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Bernard W. Johnson
• Author : Supreme Court of Idaho No. 10156
• Release Date : January 13, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Defendant (appellant) was tried by a jury, found guilty, and convicted of the crime of burglary of the first degree.[Footnote
1] The facts adduced upon trial show without substantial contradiction that defendant was apprehended by the police while
inside the Owl Prescription Drive-In in the city of Lewiston, at about the hour of 3:30 a. m. on June 29, 1967. The business
there operated was a retail drug store. The store had been closed for the night. A window on one side of the building had
been forced open. At the time of the arrest a number of suitcases belonging to the owner of the business and a part of the
merchandise there kept for sale, were found at various places on the floor of the premises, filled with items of merchandise
from the shelves of the store. The owner-manager testified that these items were not in this condition when the store was
closed the night before the burglary. Defendant was neither an owner nor an employee of the owner, nor did he have permission
to enter the premises after the closing hour. In his defense defendant contended that at the time of the occurrence of the alleged crime, he was under the influence of
alcohol and of the drug "Pathibamate" to the extent that he was unable to form the intent necessary to the commission of the
crime of burglary.

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