State v. Brown

The opinion of the court was delivered by

Kaul, J.:

Defendant-appellant (Richard Wardell Brown, Jr.) appeals from a conviction by a jury of aggravated burglary as defined by K. S. A. 21-3716. Defendant was acquitted on a count of murder in the first degree. The case arises out of an incident in Topeka wherein on August 21, 1973, one Mary Fortney was murdered at her home.

The evidence reproduced in the record on appeal consists, for the most part, of testimony given by Assistant District Attorney, Larry McClain, concerning statements made to him by defendant. McClain testified at length at the…