State v. Ervin

The opinion of the court was delivered by

McFarland, J.:

Harold L. Ervin was convicted by a jury of burglary (K.S.A. 21-3715). On appeal the defendant contends the trial court erred in overruling his motion for judgment of acquittal and motion for new trial as the evidence did not satisfy the entry requirement of the burglary statute (K.S.A. 21-3715). The defendant further contends K.S.A. 21-3715 is unconstitutionally vague for failure to define the element of entry with sufficient particularity to inform the defendant of the conduct proscribed.

A witness testified he saw the defendant stick his…