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STATE v. MYERS

No. 47,398

215 Kan. 600 (1974)

527 P.2d 1053

STATE OF KANSAS, Appellee, v. CLINTON J. MYERS, Appellant.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Robert V. Talkington, of Conderman and Talkington, of Iola, argued the cause and was on the brief for the appellant.

James M. Immel, 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.:

Clinton J. Myers was convicted by a jury of the offense of attempted aggravated burglary. New trial was denied, Myers was sentenced under the habitual criminal act (K.S.A. 1973 Supp. 21-4504) and now appeals.

Myers was charged jointly with one Charles L. Nading in the commission of the offense in question. Severance was granted and each was tried separately. We recently affirmed Nading's conviction...

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