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STATE v. KIRK

No. 45,715

205 Kan. 681 (1970)

472 P.2d 237

STATE OF KANSAS, Appellee, v. ROBERT LEE KIRK, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1970.

Attorney(s) appearing for the Case

Lawrence E. Sheppard, of Shawnee Mission, argued the cause and was on the brief for appellant.

Hugh H. Kreamer, assistant county attorney, argued the cause, and Kent Frizzell, attorney general, James W. Bouska, county attorney, and Mark L. Bennett, Jr., assistant county attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

The appeal is from a conviction of grand larceny. (K.S.A. 21-524.)

The complaint, and later, an information charged the appellant with breaking and entering in the nighttime a residence in Johnson County, with intent to commit a larceny. The jury acquitted the appellant of burglary in the second degree, and returned a verdict of guilty to the charge of grand larceny. The appellant was sentenced...

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