State v. Miller

The opinion of the court was delivered by

O’Connor, J.:

This is a criminal action in which the defendant, Ray Miller, was tried by a jury and convicted of burglary in the second degree (K. S. A. 21-520). tie has appealed from the judgment and sentence, and from the order overruling his motion for a new trial.

The principal assignment of error upon which defendant relies for reversal of his conviction relates to the county attorney’s reference in his opening statement to a subsequent crime with which defendant was charged in another case.

Briefly, the prosecution’s evidence was that at…