STATE v. AEBY

No. 43,086

191 Kan. 333 (1963)

381 P.2d 356

STATE OF KANSAS, Appellee, v. BENNY AEBY, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1963.


Attorney(s) appearing for the Case

Thomas C. Boone, of Hays, argued the cause, and was on the briefs for appellant.

Edgar M. Miner, of Hays, argued the cause, and Gregory J. Herrman, county attorney, of Hays, and William Ferguson, attorney general, of Topeka, were with him on the briefs for appellee.


The opinion of the court was delivered by

FATZER, J.:

The defendant was convicted on two counts of burglary in the third degree (G.S. 1949, 21-521) and one count of petty larceny (G.S. 1961 Supp., 21-535), and was sentenced to confinement in the state penitentiary as an habitual criminal. (G.S. 1949, 21-107a.)

During the presentation of the state's case in chief, the defendant objected to exhibits and articles of property obtained by police officers...

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