State v. Taylor

STOCKARD, Commissioner.

Appellant was found guilty of attempted burglary in the second degree. The jury assessed his punishment at imprisonment for a term of two years, and appellant has appealed. The only contention is that the trial court erred in refusing appellant’s motion for a judgment of acquittal.

About 2:25 o’clock in the morning of July 3, 1968, Patrolman Theodore Allen saw appellant standing in the doorway, “right up to the door,” of the Scotch Cleaners located at the intersection of 31st and Highland Streets in Kansas City. When Patrolman Allen turned his automobile around appellant…