State v. Baker

The opinion of the court was delivered by

Fatzer, C. J.:

The appellant, George C. Baker, was found guilty by a jury of the crimes of burglary (K. S. A. 21-3715) and theft over $50 (K. S. A. 21-3701). His motion for a new trial was overruled and he perfected this appeal.

The state’s evidence is summarized: Peter Von Schwarzbek and Cynthia L. Shaffer lived in Apartment No. 2 that was burglarized. Cynthia is employed and left the apartment at 7:30 a. m. on January 20, 1975. Peter is a student at the Kansas University Medical Center, land also left the apartment that morning. He returned to the…