State v. McClurkin

The opinion of the court was delivered by

Johnston, C. J.:

The appellant, Lloyd McClurkin, was charged with burglary in the second degree and was adjudged guilty of an attempt to commit burglary. In his appeal his principal complaint is of the instructions given by' the trial court. The one chiefly complained of is the following:

“You are instructed that the presence of the defendant in the vicinity of and at the garage of the prosecuting witness, Thomas J. Rogers, in Cherokee, Crawford county, Kansas, on the night of October 15, 1924, at the time of the burglary, or attempt to commit a…