STATE v. CONE

No. 38,375

171 Kan. 344 (1951)

232 P.2d 470

THE STATE OF KANSAS, Appellee, v. CHARLES CONE, GRANT MERRITT and DWAN GREENWAY, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1951.


Attorney(s) appearing for the Case

Eugene T. Hackler, of Olathe, argued the cause and was on the briefs for the appellants.

John Anderson, Jr., county attorney of Johnson county, argued the cause and Harold R. Fatzer, attorney general, and C. Harold Hughes, assistant attorney general, were with him on the briefs for the appellee.


The opinion of the court was delivered by

SMITH, J.:

The defendants were tried jointly and convicted in the first count of burglary in the nighttime and in the second count of grand larceny. They have appealed.

They argue first there was not sufficient evidence to prove that the burglary was committed at night. Cone and Greenway argue further there was not sufficient evidence to prove possession of the recently stolen property in them.

As to...

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