The opinion of the court was delivered by
PRAGER,, J.:
This is a direct appeal in a criminal action in which the defendant-appellant, Patrick Mahkuk, was convicted of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701). The facts in the case are really undisputed. The defendant was charged with breaking into a house in Atchison owned by Philip Bridges and stealing a .22-caliber Remington rifle valued at more than $50. At the trial Philip Bridges testified...
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