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STATE v. KIRK

No. 46,321

208 Kan. 645 (1972)

493 P.2d 233

THE STATE OF KANSAS, Appellee, v. EDWARD L. KIRK, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1972.

Attorney(s) appearing for the Case

John E. Pyles, of Wichita, argued the cause and was on the brief for the appellant.

Larry D. Kirby, Assistant County Attorney, argued the cause, and Vern Miller, Attorney General and Keith Sanborn, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, Edward L. Kirk, was convicted of first degree burglary and larceny. He has appealed. His primary complaint relates to the trial court's refusal to permit him to call witnesses, other than himself, to establish an alibi.

It appears Mr. Kirk was represented by retained counsel continuously from the time of his arrest through the trial. On the morning of the trial, and during the

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