STATE v. HAMILTON

No. 41,434

185 Kan. 101 (1959)

340 P.2d 390

THE STATE OF KANSAS, Appellee, v. REX HAMILTON, Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1959.


Attorney(s) appearing for the Case

Kenneth H. Foust, of Iola, argued the cause, and John O. Foust, of Iola, was with him on the briefs for the appellant.

Richard L. Ashley, County Attorney, and Charles F. Forsyth, of Erie, argued the cause, and John Anderson, Jr., Attorney General, was with them on the brief for the appellee.


The opinion of the court was delivered by

PRICE, J.:

Defendant, Rex Hamilton, was convicted of burglary in the second degree and larceny in connection therewith, and has appealed. Specifically, he and two other defendants were charged with breaking and entering in the nighttime a certain building in Erie and stealing 3,100 pounds of pecans stored therein, in violation of G.S. 1949, 21-520 and 21-524. Apparently they were granted separate trials for we are...

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