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STATE v. DILL

No. 50,066

3 Kan. App. 2d 67 (1979)

589 P.2d 634

STATE OF KANSAS, Appellee, v. CHARLES DILL, Appellant.

Court of Appeals of Kansas.

Opinion filed January 19, 1979.

Attorney(s) appearing for the Case

Jan A. Way and Jay H. Vader of Jenkins, Way, Turner & Vader, Chartered, of Kansas City, for the appellant.

Glenn E. Casebeer, assistant district attorney, Curt T. Schneider, attorney general, and Nick A. Tomasic, district attorney, for the appellee.

Before FOTH, C.J., REES and SWINEHART, JJ.

SWINEHART, J.:

The defendant appeals from a jury conviction of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701).

The facts, briefly stated, are that DeGoler's Pharmacy was burglarized in the early morning hours of December 11, 1977. The property taken was $200 in cash, an assortment of drugs and a radio. The pharmacy was equipped with a silent burglar alarm system, and when the burglars entered at approximately 4:45 a.m., the alarm was set off....

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