STATE v. JACKSON

No. 48,081

220 Kan. 675 (1976)

556 P.2d 885

STATE OF KANSAS, Appellee, v. JAMES D. JACKSON, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1976.


Attorney(s) appearing for the Case

Phillip S. Frick, of Wichita, argued the cause and was on the brief for the appellant.

Stephen M. Joseph, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Keith Sanborn, district attorney, and Robert L. Kennedy, Jr., assistant district attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

HARMAN, C.:

James D. Jackson was convicted by a jury of burglary of a liquor store. His motion for new trial was overruled, he was sentenced and now appeals.

The prosecution's evidence revealed the following. On September 18, 1974, Don Abraham lived on West Twenty-Ninth Street North in Wichita, directly across from the Morris liquor store. At about 12:30 or 12:45 a.m. on that day, while at home in bed, he heard...

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