STATE v. HEATH

No. 48,235

222 Kan. 50 (1977)

563 P.2d 418

STATE OF KANSAS, Appellee, v. BERT HEATH, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1977.


Attorney(s) appearing for the Case

Brett H. Robinson, of Topeka, argued the cause and was on the brief for the appellant.

Gene M. Olander, district attorney, argued the cause, and Curt T. Schneider, attorney general, and Donald P. Morrison, assistant district attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

Bert Heath was convicted by a jury of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701). He appeals from these convictions.

No question is raised concerning the sufficiency of the evidence so a brief recitation of facts will be sufficient. On October 26, 1974, Jack McGee parked and locked his car in the Capitol Square Apartment parking lot in Topeka, Kansas. The car contained various articles...

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