State v. Kirk

The opinion of the court was delivered by

Fatzer, J.:

The appeal is from a conviction of grand larceny. (K. S. A. 21-524.)

The complaint, and later, an information charged the appellant with breaking and entering in the nighttime a residence in Johnson County, with intent to commit a larceny. The jury acquitted the appellant of burglary in the second degree, and returned a verdict of guilty to the charge of grand larceny. The appellant was sentenced to a term of from one to five years in the Kansas State Industrial Reformatory at Hutchinson.

On January 30, 1969, at approximately 8:00 p. m., when…