State v. Rambo

The opinion o£ the court was delivered by

Schboedeb, J.:

This is an appeal by the defendant, Thomas L. Rambo, Jr., in a criminal action from a conviction and sentence of theft (felony) contrary to K. S. A. 1970 Supp. 21-3701 (a). He was acquitted by the jury on a companion charge of burglary (K. S. A. 1970 Supp. 21-3715) arising from the same incident wherein various items of property were stolen from the home of Eddie L. Allison, a neighbor of Rambo.

The appellant asserts two points for reversal on appeal: (1) That the trial court erred in failing to instruct the jury as to the limited purpose…