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STATE v. MITCHELL

No. 51,066

226 Kan. 776 (1979)

602 P.2d 1383

STATE OF KANSAS, Appellee, v. JERRY MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed December 1, 1979.

Attorney(s) appearing for the Case

Richard A. Benjes, of Martindell, Carey, Hunter & Dunn, of Hutchinson, argued the cause and was on the brief for the appellant.

Joseph L. McCarville, III, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, and Joseph P. O'Sullivan, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by defendant Jerry Mitchell from jury trial convictions of burglary (K.S.A. 21-3715), and felony theft (K.S.A. 21-3701, now 1978 Supp.).

On April 30, 1978, a burglary and felony theft occurred at the C-K Supply Company in Hutchinson, Kansas. During the burglary, a walk-in safe was broken into with the use of tools taken from another...

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