State v. Trams

The opinion of the court was delivered by

Wertz, J.:

Defendant (appellant) Gilbert Trams appeals from a conviction of burglary with explosives as defined by G. S. 1949, 21-525, and grand larceny as defined by G. S. 1959 Supp., 21-533. Upon notice and proof of a prior conviction of a felony he was sentenced on each count under the habitual criminal act (G. S. 1949, 21-107a) to confinement in the Kansas State Penitentiary, the sentences to run concurrently.

At the outset we are confronted with the state’s challenge of the defendant’s right to be heard. In view of the challenge it is unnecessary to…