were found hiding under a pile of rugs in a small "mud room" off the kitchen in the unlighted home.
The building was rented to the Jaime Ferra family at the time of the offense charged. The Ferras had left on a vacation several days prior to August 22nd, leaving various of their possessions in the home. They had allowed some friends to remain in the house and the latter removed their belongings and gave the key to a neighbor to the north, the Fosters, at about 9:00 p.m. on August 21st.
Shortly after midnight on August 22nd, another neighbor, Mrs. Rogers called the Foster home and related that she had seen two males starting down her driveway and walking across the street; that when a car drove by, themen pulled into the shadow of a tree and then went into the backyard of a neighboring house, and stood there for a few moments; that one man went around the back of the Ferra house, the other around the other side, and that they then started up the kitchen steps of the Ferra house. It was at this point Mrs. Rogers called.
After receiving the call Mr. Foster went next door to investigate. He went up to the kitchen porch and with a flashlight saw that the door was open. He called out, "Come on, boys. Let's get out." At that time he heard noises in the basement and concluded, "They weren't just boys," so he backed out, signaled his wife with the flashlight from the steps and