State v. Pruitt

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from, a conviction of burglary in violation of K. S. A. 21-3715 and possession of burglary tools prohibited by K. S. A. 21-3717.

The facts are not in dispute, and are summarized: On September 20, 1972, the defendant was charged in three separate counts of an information with burglary, possession of burglary tools, and attempted theft. The matter was tried to a jury which found the defendant guilty of burglary, guilty of possession of burglary tools, and not guilty of attempted theft.

The defendant, on a motion for a new…