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STATE v. HAMILTON

No. 41,860

186 Kan. 776 (1960)

352 P.2d 942

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

Supreme Court of Kansas.

Opinion filed June 11, 1960.

Attorney(s) appearing for the Case

Kenneth H. Foust and John O. Foust, both of Iola, were on the brief for the appellant.

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

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from a conviction of burglary and a larceny committed in connection therewith.

On the night of January 9, 1958, the Neosho Valley Cooperative Creamery Association at Erie was broken into and some 3,100 pounds of pecans were stolen therefrom.

Shortly thereafter John Byers, Rex Hamilton and John Hamilton (the defendant here) were charged jointly with burglary and larceny under...

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