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STATE v. EMERY

No. 44,664

201 Kan. 174 (1968)

440 P.2d 613

STATE OF KANSAS, Appellee, v. RAY G. EMERY, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1968.

Attorney(s) appearing for the Case

William F. Stahl, of Junction City, argued the cause and was on the briefs for the appellant.

Joseph E. Cole, Special Assistant County Attorney, argued the cause, and Robert Londerholm, Attorney General, and Richard H. Seaton, Assistant Attorney General, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

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

The facts as disclosed by the prosecution may be summarized.

At about 1:00 a.m. on September 7, 1965, the manager of a cafe on North Washington Street, Junction City, Kansas, locked the door and started home. She heard glass breaking in a tavern a few doors away. She immediately re-entered the cafe and...

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