State v. Dill

Swinehart, J.:

The defendant appeals from a jury conviction of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701).

The facts, briefly stated, are that DeGoIer’s Pharmacy was burglarized in the early morning hours of December 11, 1977. The property taken was $200 in cash, an assortment of drugs and a radio. The pharmacy was equipped with a silent burglar alarm system, and when the burglars entered at approximately 4:45 a.m., the alarm was set off. Police officers responding to the alarm arrived on the scene within minutes.

The first officer to arrive, Officer Foster, testified that he…