State v. Stuart

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from a conviction of burglary in the second degree. (K. S. A. 21-520.) The appeal was first heard in March, 1970, and the opinion was filed April 11, 1970. See State v. Stuart, 205 Kan. 174, 468 P. 2d 240.

On May 25, 1970, a rehearing was granted on motion of the appellant. For purposes of rehearing, the parties were requested to file briefs in answer to special questions submitted by the court. Only the appellant filed a brief in conformance. Reargument was had by both parties before the court in the October 1970 Session.

Upo…