State v. O'Keefe

The opinion of the court was delivered by

Harvey, J.:

Jack O’Keefe was found guilty of burglary and larceny. He has appealed, and contends that the court erred in refusing to grant a new trial because of the misconduct of the jury. This is the sole question presented.

The facts disclosed by the record are substantially as follows: B. R. Whitmore owned and operated a garage facing west on Gage boulevard leading south from the western part of Topeka. His residence was across the alley east of the garage. Because his place had been previously broken into on several occasions, he put in an…