State v. Stuart

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from a conviction of burglary in the second degree. (K. S. A. 21-520.)

Near midnight on December 3, 1967, the appellant, Raymond Stuart, entered the Hill City Elks Club, Lodge No. 1995, in Graham County, by slipping the lock of an outside door with a pocketknife.

The appellant was a part time employee of the club and on occasion had custody of keys to the club, but at the time of his entry on December 3, he was not on duty, nor did he have the keys in his possession.

After the appellant entered the club, he closed the door,…