State v. McCorvey

The opinion of the court was delivered by

Fatzer, J.:

The defendant, Elijah Morris McCorvey, was tried by a jury and found guilty of the crime of grand larceny (K. S. A. 21-533), and was sentenced to confinement in the Kansas State Penitentiary for a period of fifteen years pursuant to the Kansas Habitual Criminal Act. (K. S. A. 21-107c.) He has appealed from the judg*195ment and sentence and the order overruling his motion for a new trial.

The state’s evidence was to the effect that MeCorvey, who lived in Oklahoma City, Oklahoma, and a confederate went into Dillon’s Supermarket at 1900 East Pawnee,…