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STATE v. MILLER

No. 44,913

204 Kan. 46 (1969)

460 P.2d 564

STATE OF KANSAS, Appellee, v. RAY MILLER, Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1969.

Attorney(s) appearing for the Case

Ronald L. Leslie, of Hutchinson, argued the cause, and Herbert R. Hess, Matthew J. Dowd and Lane H. Cronhardt, of Hutchinson, were with him on the brief for the appellant.

Larry A. Bolton, assistant county attorney, argued the cause, and Kent Frizzell, attorney general, Raymond F. Berkley, county attorney, and Kerry J. Granger, assistant county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is a criminal action in which the defendant, Ray Miller, was tried by a jury and convicted of burglary in the second degree (K.S.A. 21-520). He has appealed from the judgment and sentence, and from the order overruling his motion for a new trial.

The principal assignment of error upon which defendant relies for reversal of his conviction relates to the county attorney's reference in his opening...

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