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STATE v. MOORE

No. 47,871

218 Kan. 450 (1975)

543 P.2d 923

STATE OF KANSAS, Appellee, v. WILLIAM L. MOORE, JR., Appellant.

Supreme Court of Kansas.

Opinion filed December 13, 1975.

Attorney(s) appearing for the Case

Michael E. Foster, of Anderson & Foster, of Valley Center (court-appointed), argued the cause and was on the brief for the appellant.

Stephen E. Robison, Assistant District Attorney, argued the cause, and Curt T. Schneider, Attorney General, Keith Sanborn, District Attorney, and Stephen M. Joseph, Assistant District Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendant-appellant (William L. Moore, Jr.) appeals from convictions by a jury of theft (K.S.A. 21-3701 [a]) and unlawful deprivation of property (K.S.A. 21-3705). Defendant was acquitted of a charge of burglary.

During the early morning hours of July 25, 1973, Kenny's Eastgate Mobile Service Station in Wichita was burglarized. Entry into the station was accomplished by breaking a windowpane...

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