State v. McClanahan

The opinion of the court was delivered by

Fromme, J.:

The present appeals were perfected by the state upon questions reserved relating to an identical instruction given in two separate criminal cases.

Carroll William McClanahan was acquitted by a jury of the offense of grand theft as defined in K. S. A. 1972 Supp. 21-3701 (a). Larry Dean Torrence was acquitted by a jury of the offense of burglary as defined in K. S. A. 1972 Supp. 21-3715. Separate ap peals were filed in this court and then consolidated on a stipulation by the parties that the questions are identical, and a decision in one case…