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STATE v. BROWN

No. 45,431

203 Kan. 884 (1969)

457 P.2d 130

THE STATE OF KANSAS, Appellee, v. HERMAN BROWN, JR., Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1969.

Attorney(s) appearing for the Case

David C. All, of Wichita, argued the cause, and was on the brief for the appellant.

R.K. Hollingsworth, Deputy County Attorney, argued the cause, and Kent Frizzell, Attorney General, Keith Sanborn, County Attorney, and Roger Hughey, Deputy County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, Herman Brown, Jr., was convicted of second degree burglary and larceny. He has appealed.

Evidence presented by the state was to this effect: About 2 a.m., August 17, 1967, a liquor store was burglarized. The owner, Violet Stevens, lived next door. She was awakened by the sound of crashing glass and saw two men enter the store through a broken window and come out the same way with...

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