STATE v. STUART

No. 45,617

205 Kan. 174 (1970)

468 P.2d 240

STATE OF KANSAS, Appellee, v. RAYMOND STUART, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1970.


Attorney(s) appearing for the Case

Russell Schultz, of Wichita, was on the brief for appellant.

Jerry M. Helberg, county attorney, argued the cause, and Kent Frizzell, attorney general, was with him on the brief for appellee.


The opinion of the court was delivered by

FATZER, J.:

This is an appeal from a conviction of burglary in the second degree. (K.S.A. 21-520.)

Near midnight on December 3, 1967, the appellant, Raymond Stuart, entered the Hill City Elks Club, Lodge No. 1995, in Graham County, by slipping the lock of an outside door with a pocketknife.

The appellant was a part time employee of the club and on occasion had custody of keys to the club, but at the...

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