State v. Gobin

The opinion of the court was delivered by

Fromme, J.:

The appellant, Gary Dean Gobin, was charged and convicted of an attempt to steal swine belonging to Everett Webb of a value of more than $50.00. One of the points raised on appeal concerns the sufficiency of the evidence to establish both the specific criminal intent and the overt act necessary to consummate such a felony.

*279The evidence established that on December 2,1973, at 10:20 p. m., Mr. Web'b arrived at his swine farm near Jetmore, Kansas to check his hogs. A dead end graveled road led from the highway to a private driveway at the farm.…