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STATE v. WILKINS

No. 47,344

215 Kan. 145 (1974)

523 P.2d 728

STATE OF KANSAS, Appellee, v. FRANK WILKINS, Appellant.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Bryson E. Mills, of Wichita, argued the cause and was on the brief for the appellant.

Clifford L. Bertholf, assistant district attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, district attorney, and George Savin, assistant district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Frank Wilkins was found guilty by a jury of burglary (K.S.A. 1972 Supp. 21-3715) and theft (K.S.A. 1972 Supp. 21-3701 [a]) and he was committed to the custody of the Director of State Penal Institutions. On appeal he raises four points including the insufficiency of the evidence.

The state's evidence was indirect or circumstantial and defendant's guilt was largely based on possession and...

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