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STATE v. RUSSELL

No. 40,728

182 Kan. 649 (1958)

323 P.2d 913

THE STATE OF KANSAS, Appellee, v. VIRGIL DARRELL RUSSELL, Appellant.

Supreme Court of Kansas.

Opinion filed April 12, 1958.

Attorney(s) appearing for the Case

Russell Shultz, of Wichita, argued the cause, and was on the briefs for the appellant.

Keith Sanborn, Deputy County Attorney, of Wichita, argued the cause, and John Anderson, Jr., Attorney General, Robert E. Hoffman, Assistant Attorney General, of Topeka, and Warner Moore, County Attorney, of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

FATZER, J.:

The defendant was charged and tried for the offense of burglary in the nighttime (G.S. 1955 Supp. 21-520) and for the offense of larceny in committing the burglary (G.S. 1949, 21-524). He was convicted of burglary and found not guilty of larceny. Following the overruling of his motion for a new trial he perfected this appeal.

The defendant specifies the trial court erred on two grounds when it overruled...

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