State v. Baker

The opinion of the court was delivered by

O’Connor, J.:

This is a direct criminal appeal wherein the defendant, John Edward Baker, was convicted by a jury of the crimes of burglary in the second degree (G. S. 1961 Supp., 21-520, now K. S. A. 21-520) and grand larceny (G. S. 1949, 21-524, now K. S. A. 21-524). After overruling the defendant’s motion for new trial, the district court sentenced him under the habitual criminal statute to the penitentiary for not less than thirty nor more than forty years on each of the two charges, said sentences to run consecutively.

The factual background of this…