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STATE v. McCLANAHAN

Nos. 47,012, 46,963

212 Kan. 208 (1973)

510 P.2d 153

STATE OF KANSAS, Appellant, v. CARROLL WILLIAM McCLANAHAN, Appellee. STATE OF KANSAS, Appellant, v. LARRY DEAN TORRENCE, Appellee.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

J.J.B. Wigglesworth, assistant district attorney, argued the cause, and Vern Miller, attorney general, and Margaret Jordan, district attorney, were with him on the briefs for the appellant.

Howard S. Levitan, of Prairie Village, argued the cause, and John W. Gilliford, also of Prairie Village, was with him on the brief for Carroll William McClanahan, appellee, and Bernis G. Terry, of Olathe, was on the brief for Larry Dean Torrence, appellee.

The opinion of the court was delivered by

FROMME, J.:

The present appeals were perfected by the state upon questions reserved relating to an identical instruction given in two separate criminal cases.

Carroll William McClanahan was acquitted by a jury of the offense of grand theft as defined in K.S.A. 1972 Supp. 21-3701 (a). Larry Dean Torrence was acquitted by a jury of the offense of burglary as defined in K.S.A. 1972 Supp. 21-3715. Separate...

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