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STATE v. FISHER

No. 54,312 and No. 54,329 (Consolidated)

232 Kan. 760 (1983)

658 P.2d 1021

STATE OF KANSAS, Appellant, v. GREGORY R. FISHER, JOHN F. GEISLER, STEVEN E. KINDER and JAMES P. RAY, JR., Appellees.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

John C. Laman, assistant county attorney, argued the cause, and C.L. Laman, county attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellant.

Robert A. Walsh, of Concordia, argued the cause, and David D. Swenson, Thomas M. Tuggle and Larry S. Vernon, of Concordia, were with him on the brief for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

The district court dismissed the burglary charges in these consolidated cases on the basis that a hog pen is not a "structure" within the purview of the burglary statute, K.S.A. 21-3715. The State appeals from said determination.

On January 1 and 2, 1982, hogs owned by Robert A. Collins and located in a rural area of Cloud County were shot by intruders and then removed from their pens. Various...

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