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STATE v. HART

No. 44,887

200 Kan. 153 (1967)

434 P.2d 999

THE STATE OF KANSAS, Appellee, v. DAVID WALTER HART, Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1967.

Attorney(s) appearing for the Case

Russell Shultz, of Wichita, argued the cause, and Larry Kirby, of Wichita, and William J. Walsh, of Concordia, were with him on the brief for the appellant.

Kenneth E. Peery, County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, David Walter Hart, was convicted of possessing burglary tools, in violation of K.S.A. 21-2437, and he has appealed. For convenience, the parties will be referred to, respectively, as plaintiff or state, and defendant or Hart.

In summary, the state's evidence showed that on the morning of February 12, 1966, two peace officers saw the defendant and two male companions walking in a...

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