Kansas v. Scott

The opinion of the court was delivered by

Wedell, J.:

This was a prosecution for burglary in the first degree. Defendant was convicted and appeals.

The pertinent portion of G. S. 1935, 21-513, under which appellant was prosecuted provides:

“Every person who shall be convicted of breaking into and entering, in the nighttime, the dwelling house of another, in which there shall be at the time some human being, with intent to commit some felony, or any larceny therein. . . .”

Appellant argues the evidence failed to establish (1) the burglary was committed in the nighttime; and (2) that at the time of…