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STATE v. LARKIN

No. 46,592

209 Kan. 660 (1972)

498 P.2d 37

STATE OF KANSAS, Appellee, v. PATRICK EDWARD LARKIN, Appellant.

Supreme Court of Kansas.

Opinion filed June 10, 1972.

Attorney(s) appearing for the Case

John C. Humpage, of Humpage and Stewart, of Topeka, argued the cause and was on the brief for the appellant.

James R. Fetters, county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Patrick Edward Larkin was convicted by a jury of the offenses of burglary (K.S.A. 1971 Supp. 21-3715) and theft of property of a value of more than fifty dollars (K.S.A. 1971 Supp. 21-3701). His motion for new trial was overruled, he was sentenced upon the verdicts rendered against him and he now appeals.

The subject of the burglary was a business building in Kensington, Kansas, from which merchandise...

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