STATE v. HARPER

No. 55,817

9 Kan. App. 2d 349 (1984)

676 P.2d 774

STATE OF KANSAS, Appellee, v. BOBBY G. HARPER, Appellant. Reversed .

Court of Appeals of Kansas.

Opinion filed February 23, 1984.


Attorney(s) appearing for the Case

Kenton D. Wirth, of Wichita, for the appellant.

James D. Hall, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for the appellee.

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


FOTH, C.J.:

Bobby G. Harper appeals from his jury conviction of burglary. The dispositive issue on appeal is the sufficiency of the State's evidence, raised by the defendant by motions for acquittal at the end of the State's case and at the close of all the evidence.

The State's evidence showed that the Earhart Elementary School in Wichita was broken into at 4:56 a.m. on September 9, 1982. Chris Wimberly, a security dispatcher monitoring an audio security...

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