State v. Ayres

The opinion of the court was delivered by

Price, C. J.:

A retail liquor store was broken into in the nighttime and several bottles of liquor were stolen.

Defendant was convicted of burglarly in the second degree and larceny in connection therewith — and appeals.

At the outset it is noted the state contends there is nothing for appellate review because defendant did not appeal from the order overruling his motion for a new trial and specify such ruling as error, citing State v. Masarsk, 198 Kan. 66, 442 P. 2d 557, and other decisions of like effect. The contention is no longer good — see Rule No.…