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STATE v. EARLEY

No. 43,496

192 Kan. 144 (1963)

386 P.2d 221

STATE OF KANSAS, Appellee, v. WAYNE D. EARLEY, Appellant.

Supreme Court of Kansas.

Opinion filed November 2, 1963.

Attorney(s) appearing for the Case

David R. Gilman, of Overland Park, argued the cause and was on the briefs for the appellant.

B.D. Watson, County Attorney, argued the cause, and William M. Ferguson, Attorney General, and Monte Heasty, Assistant County Attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from a conviction of burglary in the second degree and attempted grand larceny.

The evidentiary facts supporting the conviction will be summarized.

The home of Mr. and Mrs. John Silvey in Independence, Kansas, is located about a block from the Dr. Pepper Bottling Company plant. This plant is lighted by floodlamps at night. The occupants of the home have an unobstructed...

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