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STATE v. ERVIN

No. 48,675

223 Kan. 201 (1977)

573 P.2d 600

STATE OF KANSAS, Appellee, v. HAROLD L. ERVIN, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1977.

Attorney(s) appearing for the Case

F. Lawrence McAulay, Jr., of Shawnee Mission, argued the cause and was on the brief for the appellant.

David W. Hughes, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Dennis W. Moore, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Harold L. Ervin was convicted by a jury of burglary (K.S.A. 21-3715). On appeal the defendant contends the trial court erred in overruling his motion for judgment of acquittal and motion for new trial as the evidence did not satisfy the entry requirement of the burglary statute (K.S.A. 21-3715). The defendant further contends K.S.A. 21-3715 is unconstitutionally vague for failure to define the element...

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