STATE v. CROSS

No. 49,347

223 Kan. 803 (1978)

576 P.2d 698

STATE OF KANSAS, Appellee, v. KENNETH CROSS, Appellant.

Supreme Court of Kansas.

Opinion filed April 1, 1978.


Attorney(s) appearing for the Case

David W. Boal, of Carson, Fields and Boal, of Kansas City, argued the cause and was on the brief for appellant.

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


The opinion of the court was delivered by

HOLMES, J.:

This is a direct appeal from a jury verdict finding the defendant guilty of first degree murder under the felony murder rule. (K.S.A. 21-3401.)

In the early morning hours of January 13, 1977, defendant, a 16-year-old minor, and Richard Perez, age 18, burglarized a tavern in Kansas City. They gained access to the building by removing a window air conditioner and entering through the resulting opening...

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