State v. Peterson

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a conviction of burglary in the second degree and attempted burglary in the second degree. The defendant was sentenced as an habitual criminal and given concurrent sentences of 15 years on each count.

The defendant complains of lack of evidence to sustain the convictions. We summarize the facts.

On October 14, 1965, a deputy sheriff of Leavenworth County, Kansas became suspicious of the occupants of a 1956 black Pontiac convertible. The automobile had two white male occupants, carried a Missouri license plate and the…