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STATE v. McMILLIN

No. 45,596

206 Kan. 3 (1970)

476 P.2d 612

STATE OF KANSAS, Appellee, v. RAY LEE McMILLIN, Appellant.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

John M. Simpson, of Salina, argued the cause and was on the brief for appellant.

Bill Crews, county attorney, argued the cause, and Kent Frizzell, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Appellant Ray Lee McMillin was tried for the offenses of burglary in the second degree and larceny in connection with the burglary. A jury convicted him of the larceny but was unable to reach a verdict as to the burglary. A previous conviction being shown, he was sentenced for the larceny to confinement for a term of not more than ten years. He now appeals.

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