State v. Earley

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from a conviction of burglary in the second degree and attempted grand larceny.

The evidentiary facts supporting the conviction will be summarized.

The home of Mr. and Mrs. John Silvey in Independence, Kansas, is located about a block from the Dr. Pepper Bottling Company plant. This plant is lighted by floodlamps at night. The occupants of the home have an unobstructed view of the East and North sides of the plant building.

At about 9:00 o’clock P. M. on September 3, 1962, Mr. and Mrs. Silvey saw four men at the East Side…