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STATE v. DeMOTTE

No. 48,526

222 Kan. 206 (1977)

563 P.2d 476

STATE OF KANSAS, Appellee, v. JACK C. DeMOTTE, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1977.

Attorney(s) appearing for the Case

M. Warren McCamish, of Kansas City, Kansas, argued the cause and was on the brief for the appellant.

Zygmunt Jarczyk, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is a direct appeal from defendant's conviction of one count of burglary. (K.S.A. 21-3715.)

On December 27, 1974, Officer Charles W. Cordill was on duty in the vicinity of 8601 State Avenue, Kansas City, Kansas. He had been on duty for approximately one hour and had stopped to record on his log a series of radio calls he had received. As he was filling out his log, the owner of a nearby liquor...

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