State v. Martin

The opinion of the court was delivered by

Fromme, J.:

Louis Allen Martin was convicted by a jury of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701) of 700 bushels of milo from a grain bin in Gray County, Kansas. An employee testified at the trial that he and the defendant drove the defendant’s truck and semitrailer from Lyons, Kansas, to the bin and loaded the milo on February 18, 1974. The grain was sold to the Continental Grain Company in Hutchinson, Kansas.

The following day the owner of the grain discovered the loss. The door to the granary was open. The metal slats in the…