State v. Kearns

The opinion of the court was delivered by

Foth, C.:

This a companion case to State v. Roberts, 210 Kan. 786, 504 P. 2d 242). Although tried separately, the appellant John M. Kearns and his colleague John Doyle Roberts were each convicted of the same two counts of grand larceny, on substantially identical testimony. Each was represented by the same attorney, who made virtually the same contentions on behalf of each both at trial and in this court.

In Roberts we reversed and remanded for a new trial because of the trial courts failure to instruct on petty larceny. The same result must be reached…