State v. Fisher

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 charges stemming from the two incidents, including burglary, were filed against the defendants herein, Gregory R. Fisher, John F. Geisler, Steven E.…