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STATE v. SMIT

No. 41,373

184 Kan. 582 (1959)

337 P.2d 680

THE STATE OF KANSAS, Appellee, v. WALLACE J. SMIT, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

John Dekker, of Wichita, argued the cause, and E.L. Wheeler, of Wichita, was with him on the briefs for the appellant.

Guy L. Goodwin, Deputy County Attorney, argued the cause, and John Anderson, Jr., Attorney General, Robert E. Hoffman, Assistant Attorney General, and Keith Sanborn, County Attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

Defendant has appealed from an order overruling his motion for a new trial in a criminal prosecution in which he was convicted on two counts of burglary in the first degree, as defined by G.S. 1949, 21-513.

The state's case in chief consisted of the following:

Miss Joan W. Kincaid, the complaining witness in count two of the information, testified that on October 5, 1957, she was living alone...

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