State v. Majors

The opinion of the court was delivered by

Robb, J.:

This is an appeal by defendant from a conviction for the crime of burglary in the first degree.

Defendant was arrested under a warrant issued upon a complaint charging him in the first count with unlawfully, willfully, feloniously and with intent to commit rape, breaking and entering in. the nighttime, another’s dwelling house in which there was a human being, Ruthanna Gore. The second count charged the same degree of burglary with intent to commit larceny.

At the conclusion of the preliminary hearing in the city court of ■Atchison on October…