State v. Motor

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from a conviction of burglary in violation of the provisions of K. S. A. 21-3715. The defendant was acquitted of the charge of possession of burglary tools.

Shortly after 3:00 o’clock a. m., June 7, 1974, a report was received by the Wichita Police Department of a burglary in progress at Kilkenny’s Pharmacy, 4004 West Central, Wichita, Kansas. Officers Wattenbarger and Dickerson were dispatched to the location. Officer Dickerson covered the front of the building while Officer Wattenbarger went to the rear.

Officer…