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STATE v. WILSON & WENTWORTH

No. 48,143

221 Kan. 359 (1977)

559 P.2d 374

STATE OF KANSAS, Appellee, v. BILL REESE WILSON and JAMES MICHAEL WENTWORTH a/k/a THOMAS J. SANDERS, Appellants.

Supreme Court of Kansas.

Opinion filed January 22, 1977.

Attorney(s) appearing for the Case

C.W. (Bill) Pate, of Tulsa, Oklahoma, argued the cause, and Helen E. Yount, of Galena, was with him on the brief for appellant Bill Reese Wilson.

Terry L. Meltzer, of Tulsa, Oklahoma, argued the cause, and Helen E. Yount, of Galena, was with him on the brief for appellant James Michael Wentworth.

George H. Herrelson, Jr., county attorney, argued the cause, and Curt T. Schneider, attorney general, and Oliver Kent Lynch, deputy county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Bill Reese Wilson and James Michael Wentworth were convicted of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701) by a jury in Cherokee County, Kansas. They appeal from their convictions and each raises separate points on appeal.

On January 5, 1975, McGee Drug Store in Columbus, Kansas, was broken into and drugs were taken. A citizen living in that area heard noises emanating from the...

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